Skip to main content

Full text of "Records of the Sheriff court of Aberdeenshire"

See other formats


Aberdeen  University 
Studies      !      No.   24 


Sheriff  Court  of  Aberdeenshire 


University    of    Aberdeen. 

COMMITTEE    ON    PUBLICATIONS. 

Convener  :  Professor  JAMES  W.  H.  TRAIL,  F.R.S.,  Curator  of  the  University 

Library. 

UNIVERSITY  STUDIES. 

General  Editor:   PETER  JOHN  ANDERSON,  M.A.,  LL.B.,  Librarian  to  the 

University. 

1900.  No.  i. — Roll  of  Alumni  in  Arts  of  the  University  and  King's  College  of  Aberdeen,  1596- 
1860.     Edited  by  P.  J.  Anderson. 

,,  No.  2.— Records  of  Old  Aberdeen,  1157-1891.     A,  M.  Munro,  F.S.A.  Scot.     Vol.  I. 

,,  No.  3. — Place  Names  of  West  Aberdeenshire.     James  Macdonald,  F.S.A.  Scot. 

1501.  No.  4. —  The  Family  of  Burnett  of  Leys.    George  Burnett,  LL.D.,  Lyon  King  of  Arms. 

,,  No.  5. — Records  of  Invercauld,  1547-1828.     Rev.  J.  G.  Michie,  M.A. 

1902.  No.  6. — Rectorial  Addresses  delivered  in  the  Universities  of  Aberdeen,  1835-1900.     P.  J. 

Anderson. 
.,       No.     j.—  The  Albemarle  Papers,  1746-48.     Professor  C.  S.  Terry,  M.A. 

1903.  No.     8.—  The  House  of  Gordon.    J.  M.  Bulloch,  M.A.     Vol.1. 
,,       No.     9.—  Records  of  Elgin.    William  Cramond,  LL.D.     Vol.  I. 

1904.  No.  10. — Avogadro  and  Dalton:  The  Standing  in  Chemistry  of  their  Hypotheses.     A.  N. 

Meldrum,  D.Sc. 

„        No.   i-i.— Records  of  the  Sheriff  Court  of  Aberdeenshire.     David  Littlejohn,  LL.D.     Vol.1. 
,,        No.  12. — Proceedings  of  the  Aberdeen  University  Anatomical  and  Anthropological  Society, 

1902-04.     President,  Professor  R.  W.  Reid,  M.D.,  F.R.C.S. 

1905.  No.  13. — Report   on    the  Alcyonaria  collected  by  Professor  Herdman  at  Ceylon  in  1902. 

Professor  J.   Arthur  Thomson.   M.A.  and  W.  D.  Henderson,  B.Sc. 
,,        No.  14. — Researches  in  Organic  Chemistry.     Professor  F.  R.  Japp,  M.A.,  LL.D.,  F.R.S., 

William  Maitland,  B.Sc.,  Joseph  Knox,  B.Sc.,  James  Wood,  B.Sc. 

„        No.  15.— Meminisse  Juvat:  with  Appendix  of  Alakeia.     Alexander  Shewan,  M.A. 
,,        No.  16 — The  Black/tails  of  that  Ilk  and  Barra.     Alexander  Morrison,  M.D. 

1906.  No.  17 — Records  of  the  Scots   Colleges  at  Douai,   Rome,  Madrid,   Valladnlid,  Ratisbon. 

Vol.  I.     P.  J.  Anderson. 
,,       No.  18 — Roll  of  the  Graduates  of  the  University  of  Aberdeen,  1860-1900.     Colonel  William 

Johnston,  C.B. 
,,        No.  19. — Studies  in  the  History  and  Development  of  the  University  of  Aberdeen.      P.  J. 

Anderson  and  others. 
,,        No.  20. — Studies  in  the  History  and  Art  of  the  Eastern  Provinces  of  the  Roman  Empire. 

Professor  Sir  W.  M.  Ramsay,  D.C.L.,  and  pupils. 

,,        No.  21. — Studies  in  Pathology.     William  Bulloch,  M.D.,  and  others. 
,,        No.  22. — Proceedings  of  the  Aberdeen  University  Anatomical  and  Anthropological  Society, 

1904-06.     President,  Professor  R.  W.  Reid,  M.D. 
„        No.  23. — Subject  Catalogues  of  the  Science  Library  and  the  Law  Library  in  Marischal 

College.     P.  J.  Anderson. 

„       No.  24. — Records  of  the  Sheriff  Court  of  Aberdeenshire.    David  Littlejohn,  LL.D.     Vol.  II. 


4 


Records  of  the 

Sheriff  Court  of  Aberdeenshire 


Edited  by 
David    Littlejohn,    LL.D, 

Advocate  in  Aberdeen 
Sheriff  Clerk  of  Aberdeenshire 


Volume  II. 
Records,  1598-1649 


Aberdeen 

Printed    for    the    University 
1906 


)  \ 


Preface 

The  present  volume  will  be  seen  to  differ  from  its  predecessor 
in  more  than  one  respect.  Although  the  method  adopted  there 
of  using  separate  columns  had  much  in  its  favour,  and  was  com- 
mended in  many  quarters,  it  was,  in  the  matter  of  space,  obviously 
wasteful.  After  much  consideration,  and  with  reluctance,  it  was 
abandoned  in  favour  of  a  mode  of  dealing  with  the  material,  which 
enabled  the  writer  to  cover  more  ground.  It  will  also  be 
observed  that  the  proportion  between  the  Tables  of  Contents  and 
the  Illustrative  material  has  been  greatly  altered,  the  reason  for 
curtailing  the  latter  being  that  examples  of  Sheriff  Court  work  in 
the  1 6th  century,  are  much  more  rare  than  those  in  the  i;th. 
This  volume  has  thus  even  more  of  the  character  of  a  Dictionary 
or  Digest  for  reference,  than  the  former  had. 

At  an  early  stage  the  problem  had  to  be  faced  of  whether 
anything  in  the  way  of  selection  was  to  be  attempted,  or  whether 
the  work  should  really  take  the  shape  of  a  complete  and 
exhaustive  Table  of  Contents.  It  was  quite  certain  that  to 
adopt  the  latter  plan,  was  to  run  the  risk  of  printing  a  good  deal 
which  might  not  prove  specially  useful  to  any  one.  On  the  other 
hand,  were  the  plan  of  selection  to  be  followed,  it  was  clear  that 
the  originals  would  still  be,  as  regarded  the  omitted  material, 
sealed  books,  leaving  it  open  to  searchers  to  say  that  what  they 
particularly  desired  to  have,  might  have  been  left  out.  The 
arguments  in  favour  of  a  full  Table  of  Contents  prevailed,  and, 
although  the  knowledge  that  much  of  what  was  being  produced 
might  turn  out  to  be  comparatively  valueless,  made  the  Editor's 
labour  all  the  more  burdensome,  he  was  sustained  by  the  hope 


Vll 


Preface 

that  among  the  4000  or  5000  separate  entries,  which  have  been 
dealt  with,  investigators  might  find  something  that  was  of  interest 
and  value  to  them. 

At  the  last  moment  it  was  found  that  the  material  in  the 
printer's  hands  would  make  too  bulky  a  volume,  so  the  part 
covering  the  period  of  the  Commonwealth's  rule  in  Scotland  was 
left  out,  and  will  form  part  of  the  third  or  Index  Volume,  which 
is  in  course  of  preparation. 

D.  L. 


Vlll 


Table  of  Contents 


PAGE 


Introduction      ...........  xiii 

PART  I.    RECORDS  1598  TO  1649. 

Diet  Books,  Vol.  VI.,    1598-1621 I 

Do.,         do.,       Table  of  Contents    ......  3 

Do.,         do.,       Illustrative  Example  : — 

A  Michaelmas  Head  Court        . 9 

Diet  Books,  Vol.  VII.,  1603-4 13 

Do.,         do.,       Table  of  Contents    .         .         .         .         .         .15 

Do.,         do.,       Illustrative  Example  : — 

Criminal  Indictment  and  Trial           ......  25 

Diet  Books,  Vol.  VIII.,  Part  I.,  1603 29 

Do.,         do.,       Table  of  Contents 31 

Do.,         do.,       Illustrative  Examples  : — 

Proceedings  relating  to  Occupancy  of  Land      ....  42 

Criminal  Proceedings 45 

Diet  Books,  Vol.  VIII.,  Part  II.,  1600-22 

Do.,         do.,       Table  of  Contents    ......  49 

Minute  Books  of  Judicial  Enactments,  Vol.  I.,  1605-8       .         .         .81 

Do.,         do.,       Table  of  Contents 83 

Do.,         do.,       Illustrative  Examples  : — 

Assythment 116 

Act  of  Eviction  and  Possession 118 

Diet  Books.  Vol.,  IX.,  1607,  1619,  1620 119 

Do.,         do.,       Table  of  Contents 120 

Do.,         do.,       Illustrative  Examples  : — 
Action  of  Removing — Procedure        .         .         .         .         .         .130 

Delegation  of  the  Office  of  Tutor 132 

Trial  for  Manslaughter  and  Assault 133 

ix 


Aberdeenshire  Sheriff  Court: 

PAGE 

Minute  Books  of  Judicial  Enactments,  Vol.  II.,  1608-14  .         .         -135 
Do.,         do.,       Table  of  Contents    .         .         .         .         .         .136 

Do.,         do.,       Illustrative  Examples  : — 

Proceedings  relating  to  Occupancy  of  Land      ....  203 

Revocation  of  Deeds  granted  in  Minority          ....  205 

Appointment  of  Curator  at  Litem 206 

Decree  Books,  Vol.  II.,  1617-18 207 

Do.,         do.,       Table  of  Contents    ......  208 

Do.,         do.,       Illustrative  Examples : — 

A  Bride's  Tocher        .........  232 

Value  of  Glass  Windows    ........  232 

Pig-sticking  in  Strathdon  ........  233 

Master  and  Servant.     Breach  of  Agreement      ....  234 

Decree  in  Supplement.     Price  of  a  Horse          ....  235 

Minute  Books  of  Judicial  Enactments,  Vol.  III.,  1619-28          .         .  236 

Do.,         do.,       Table  of  Contents    ......  237 

Do.,         do.,       Illustrative  Examples  : — 

Cautionary  Obligation.     Conditions  of  Tenancy       .         .         .  297 

Disposition  of  Moveables  by  a  Mother  to  her  Son     .         .         .  298 

Renunciation  by  a  Daughter  of  Succession  to  her  Father          .  299 

Entries  relating  to  Dr.  Arthur  Johnston,  his  Affairs,  and  Family  299 

Harrows  Croft,  Aberdeen .301 

Birth  Breives 302 

Chair  of  Mathematics  Marischal  College  .....  303 

Daughter  choosing  Curators  with  her  Father's  Consent     .         .  304 

Minute  Books  of  Judicial  Enactments,  Vol.  IV.,  1628-33          •         •  3°5 

Do..         do.,       Table  of  Contents 306 

Do.,         do.,       Illustrative  Example  : — 

Birth  Brieve        ..........  332 

Diet  Books,  Vol.  X.,  1629-1634 '        .         .  333 

Do.,         do.,       Table  of  Contents    ......  334 

Do.,         do.,       Illustrative  Examples  : — 

Revocation  of  Indenture    ........  339 

Appointments  of  Sub-Bailzies,  Factors,  &c 339 


Table  of  Contents 

Diet  Books,  Vol.  X.,  Illustrative  Examples  (Contd.)  : —  PAGE 

A  Case  of  Lawborrows 340 

Appointments  and  Admissions  of  Sheriffs  and  Court  Officials  341 

Admission  of  Advocates  in  Aberdeen 343 

Decree  Books,  Vol.  III.,  1631-34 345 

Do.,        do.,       Table  of  Contents 346 

Do.,         do.,       Illustrative  Examples  : — 

Wages  of  a  Herd 384 

Decree  for  Implement.     Innominate  Contract  ....  384 

Decree  of  Supplement        ........  386 

Decree  for  Recovery  of  Escheated  Estate          ....  387 

Damage  to  Crop.     Outgoing  and  Incoming  Tenant.    Custom 

of  the  Country       ........  390 

Decree  Books,  Vols.  IV,  V.,  VI.,  and  VII.,  1634-42         .         .         .  392 

Vol.  V.  Table  of  Contents         .......  393 

Do.     Illustrative  Examples  : — 
Decree  of  Supplement.     Trespass  of  Cattle,  &c.        .         .         .421 

Decree  of  Delivery.     Plate,  Jewels,  Furnishings,  Clothing,  &c.  422 

Decree  for  Borrowed  Money.     Sick  Certificate,  &c.           .     •    .  424 

Decree  of  Warrandice  and  Relief.     A  Stolen  Ox-Hide     .         .  425 

Vol.  VI.,  Table  of  Contents      .......  427 

Do.     Illustrative  Examples  : — 
Breach  of  Arrestment         .         .         .         .         .         .         .         .458 

Deterioration  of  Buildings.     Conditions  as  to  Housing  of  Cattle 

for  Manure    . 459 

Loan.     Ticket  payable  to  Bearer.    Prussian  Guilders        .         .461 

Burial  Dues  and  Penalties 461 

Spuilzie  of  Cattle,  &c.        ........  462 

Bonds  of  Thirlage      .........  463 

Not  entering  as  Cottars.     Damages 465 

Vol.  VII.,  Table  of  Contents 466 

Do.        Illustrative  Examples  : — 

Rent,  &c 487 

Supplement.    Fines  for  taking  Peats.    Absence  from  Court,  &c. 

xi 


Aberdeenshire  Sheriff  Court 

Decree  Books,  Vol.  VII.,  Illustrative  Examples  (Contd.)  : —  PAGE 

Horse  Sickness,  Liability  of  Neighbour 489 

Removing.     Objection  to  Sheriff  Depute.     Procedure      .         .  490 

Decree  Books  Vol   I.,  Part  II.,  1633-44 491 

Do.,         do.,       Table  of  Contents 492 

Minute  Books  of  Judicial  Enactments,  Vol.  V.,  1638-48  .         .         .  496 

Do.         do.,       Table  of  Contents 497 

PART  II.    OFFICIALS  1600  TO  1649. 

The  Sheriffs 521 

The  Sheriffs-Depute 533 

The  Sheriff  Clerks 537 

The  Procurators  Fiscal 539 


General   Introduction 

In  the  Introduction  to  the  former  volume  it  was  stated  that 
there  had  come  down  to  us  one  volume  of  Court  proceedings, 
beginning  in  the  sixteenth  century  and  ending  in  the  seventeenth, 
and  thirty-five  volumes  belonging  wholly  to  the  seventeenth 
century,  making  thirty-six  in  all.  Sixteen  of  these  have  been 
dealt  with  in  the  present  volume,  the  method  adopted  being  as 
formerly — a  brief  description  of  the  particular  book  or  books 
followed  by  a  Table  of  Contents  and  an  Illustrative  Example  or 
Examples.  It  ought  perhaps  however  to  be  noticed  that  in  the 
case  of  Vol.  IV.  of  the  Decree  Books  which  contains  merely 
interlocutory  procedure,  no  Table  of  Contents  has  been  framed 
and  no  examples  given,  so  that  the  number  of  books  exhaustively 
dealt  with  number  fourteen  ;  but  to  these  must  be  added  Part  II. 
of  Vol.  I.  of  the  Decree  Books  containing  Decrees  of  Transumpt 
from  1633  to  1 644.'  These  Books,  as  will  be  seen,  not  only 
differ  greatly  in  character,  but  the  contents  of  volumes  bearing 
the  same  titles  have  been  found  to  be  markedly  dissimilar.  This 
feature  need  only  be  alluded  to  in  this  place,  as  it  is  dealt  with  in 
some  detail  in  the  descriptive  paragraphs  prefixed  to  individual 
volumes. 

The  loss  of  most  of  the  original  Diet  Books  actually  kept  by 
the  Clerk  at  his  table  in  the  Court,  and  from  which  transcriptions 
by  way  of  specialization  appear  to  have  been  made  into  other 
books,  many  of  which  have  also  disappeared,  has  deprived  such 

i  It  is  also  proper  to  point  out  that  a  bulky  Vol.  containing  Decrees  from  1642  to  1649 
and  another  containing  Interlocutory  entries  for  the  same  period,  had  to  be  passed  \iy  pro  tern.  ; 
but  with  these  exceptions  the  Court  Books  to  1649  have  all  been  taken  up. 


Aberdeenshire  Sheriff  Court : 

a  work  as  the  present  of  much  of  the  interest  and  colour,  which 
the  existence  of  complete  records  would  have  ensured.  From 
what  remains  there  may,  however,  be  gathered  some  gleanings, 
and  it  is  the  purpose  of  the  writer  in  the  few  sentences  that  follow 
to  direct  attention  to  a  few  of  these. 

Entries  relating  to  Crime 

To  the  considerable  number  of  persons  who  find  criminal 
trials  of  absorbing  interest  these  records  must  prove  more  or  less 
of  a  disappointment.  Fortunately  the  preservation  of  fragments  of 
the  original  Diet  Books  for  1603,  '4,  '7,  '19  and  '20,  supplemented 
by  occasional  entries  in  the  earlier  of  the  Minute  Books  of 
Judicial  Enactments,  has  secured  to  us  some  examples  of  crime 
and  its  punishment.  The  entire  absence  of  cases  of  the  kind 
after  the  earlier  years  of  the  century  can  only  be  accounted  for 
by  the  entire  loss  of  the  Criminal  books,  the  existence  of  which 
at  a  later  time  is  clearly  established  by  a  memorandum  of  the 
Sheriff  Clerk  in  the  year  1647  (P-  5*6  infra]. 

There  cannot,  however,  be  in  existence  many  such  complete 
examples  of  a  Sheriff  Court  Indictment  in  the  earliest  years  of 
the  seventeenth  century  as  has  been  found  on  22  February,  1603, 
and  reproduced  as  an  Illustrative  Example  from  Vol.  VII.  of  the 
Diet  Books  (infra  p.  25).  John  Kid  and  John  Litiljohne  (names 
elsewhere  in  history,  and  in  the  pages  of  romance  identified  with 
lawlessness,  although  not  incapable  of  being  found,  it  is  hoped,  in 
combination  with  respectability)  were  evidently  in  the  opinion  of 
their  neighbours  on  the  jury,  not  only  guilty  of  a  number  of  the 
charges  laid  against  them,  but  of  being  notorious  thieves  and 
brigands,  and  deserving,  in  the  opinion  of  the  Sheriff-Depute  who 
presided,  of  the  very  unusual  sentence  (in  the  case  of  men)  of 
death  by  drowning.  It  will  be  observed  that  the  jury  in  that  case 


XIV 


General  Introduction 

numbered  twenty-three,  two  of  them  from  Kincardineshire,  and 
most  of  them  either  neighbours  of  the  accused  or  residing  at  or 
near  the  places  referred  to  in  the  different  charges,  and  also  that 
in  several  of  the  points  of  dittay,  there  was  embraced  a  statement 
or  indication  of  the  evidence  which  was  to  be  relied  upon  for 
proving  them. 

Space  will  not  permit  of  any  further  detailed  notice  of  the 
criminal  trials  by  jury,  noticed  in  the  Tables  of  Contents,  or  repro- 
duced among  the  Illustrative  Examples,  but  the  case  of  Meldrum 
(p.  133)  may  be  referred  to  in  a  word  as  an  additional  evidence, 
if  such  evidence  were  necessary,  to  shew  that  juries  were  at  that 
time  invariably  drawn  from  among  the  neighbours  of  the  accuser 
and  accused,  and  neighbourhood  of  the  alleged  crime.  That  case 
also  may  be  taken  as  an  illustration  of  the  almost  ludicrous  dis- 
proportion that  obtained  between  the  fines  imposed,  and  payable 
to  the  Procurator  Fiscal  for  behoof  of  the  Sheriff,  and  the  sum 
awarded  to  the  injured  party,  as  damages  and  solatium.  In 
Meldrum's  case  the  fine  was  ^50,  only  ^5  being  awarded  to  the 
injured  party. 

Several  cases  of  Acts  of  Caution  to  secure  the  appearance  of 
persons  accused  of  witchcraft  will  be  found  among  the  Judicial 
Enactments  ;  but  no  case  of  a  trial  for  this  crime  has  been  found 
in  these  records. 

Abundant  evidence  of  the  prevalence  of  violence  and  blood- 
shed will  be  found,  and  special  reference  may  be  made  to  the 
existence  of  a  feud  between  families  of  the  names  of  Elmslie  and 
Chessor  in  the  neigbourhood  of  Kintore  in  1609  (pp.  144-5), 
to  the  attack  upon  the  schoolmaster  of  the  same  Parish  on  20 
April,  1610  (p.  156),  and  to  the  case,  under  date  6  May,  1612 
(p.  179),  in  which  Gilbert  and  Henry  Bartlet  were  charged  with 
pursuing  another  man,  with  drawn  swords  in  the  church  of  Kinkell, 
upon  the  Sabbath  day. 


XV 


Aberdeenshirc  Sheriff  Court : 

The  great  importance  that  was  attached  to  the  early  healing 
of  blood  feuds  will  be  found  illustrated  by  two  examples  (pp.  1 16- 
17)  of  Bonds  or  Agreements  for  Assythment,  one  of  which 
especially  is  characterized  by  a  certain  charming  quaintness  of 
language. 

Passing  from  Crime  to  what  may  be  called  quasi  Crime  there 
will  be  found  numerous  examples  of  Lawborrows,  Breaches  of 
Arrestments,  Deforcements,  and  such  Statutory  offences  as  the 
taking  of  salmon  in  forbidden  time,  and  the  cutting  and  destroy- 
ing of  green  wood.  The  number  of  cases  of  illegal  fishing 
occurring  in  the  course  of  a  few  months  in  the  year  1604,  and  the 
very  great  number  of  persons  involved,  lead  one  to  the  conclusion 
that  in  the  County  of  Aberdeen,  the  statutes  upon  the  subject 
were  at  that  time  more  honoured  in  the  breach  than  the 
observance. 

Passing  from  Crime,  an  attempt  will  now  be  made  to 
summarize  some  of  the  outstanding  features  of  the  mass  of  cases 
on  what  may  be  called  the  Civil  side  of  the  Court,  or  in  other 
words,  and  in  default  of  a  more  satisfactory  title, 

Civil  Procedure 

The  question  has  sometimes  been  asked,  whether  there  was 
in  these  old  Court  Books  anything  which  would  throw  light  upon 
the  social  condition  and  status  of  the  people  at  the  time.  The 
answer  has  been  "  Not  much,"  but  it  has  occurred  to  the  writer 
that  in  the  class  of  cases  called  Decrees  in  Supplementumjusticiae, 
may  be  found  material  for  drawing  a  picture  of  the  position  of  the 
occupiers,  and  especially  of  the  smaller  occupiers  of  land,  in 
relation  to  those  above  them,  and  to  the  administration  of  justice. 

The  case  of  Mr.  Gilbert  Keyth,  Minister  at  Skene,  against 
Thomas  Law  in  Little  Finnersie  (24  July,  1633,  p.  386)  may  be 
taken  as  an  example.  Mr.  Keyth  was  the  proprietor  of  the  third 

xvi 


General  Introduction 

part  of  these  lands,  and  unless  the  lands  of  Finnersie  were  very 
much  more  extensive  at  that  time  than  at  the  present  day,  the 
third  part  of  Little  Finnersie  (there  being  also  a  Meikle  Finnersie) 
cannot  have  extended  to  much  more  than  a  few  fair-sized  fields 
of  our  own  time,  and  the  tenant's  house  cannot,  in  all  probability, 
have  been  much  more  commodious  than  what  County  Officers  of 
Health  would  now  consider  an  insanitary  hovel.  Mr.  Keyth  being 
of  opinion  that  his  tenant  was  behind  with  his  rent,  proceeded  to 
appoint  another  Keyth  to  be  the  Bailie  of  his  lands,  a  Notary 
Public  to  be  a  Clerk  of  a  Court  of  the  lands,  a  third  Keyth  to  be 
the  Officer  of  the  Court  and  a  fourth  person  to  be  the  Dempster  of 
the  Court.  Accompanied  by  these  officials,  who  were  his  nominees, 
the  Minister,  in  his  capacity  of  Laird  and  Pursuer,  proceeded  to 
the  tenant's  house,  and  then  and  there  constituted  a  Court  of  the 
lands,  and  either  then  and  there,  or  subsequently,  caused  to  be 
embodied  in  a  formal  Act  of  Court,  the  proceedings  that  were 
said  to  have  taken  place.  It  may  be  safely  left  to  readers  to  form 
their  own  opinion  as  to  the  tenant's  chances  of  a  fair  hearing  or 
of  successful  pleading  in  a  Court  so  constituted.  It  may  be 
concluded  that  the  tenant  was  not  satisfied  (although  he  was  said 
to  have  confessed)  because  he  immediately  left  the  lands,  taking 
his  effects  with  him,  and  so  rendering  it  impossible  to  put  the 
Decree  to  execution.  His  doing  so  might  mean  a  dishonest 
attempt  to  evade  payment  of  an  honest  claim,  but  there  is 
evidence  in  other  parts  of  these  records  that,  when  a  defence 
was  subsequently  offered  in  the  Sheriff  Court  to  similar  decrees 
modifications  were  obtained  as  a  result. l  It  may  be  observed 
moreover,  that  the  prices  awarded  to  the  minister  by  his  Court 
were  materially  in  excess  of  the  Fiars  Prices  for  the  crop 
in  question.  This  particular  incident  has  been  special'y  noticed 

I  In  the  case  of  Cheyne  v.  Gellan  (p.  369)  where  the  Defender  was  said  to  have  confessed  in 
the  Burgh  Court  that  he  was  due  12  bolls  of  meal,  the  result  in  the  Sheriff  Court  was  a  Decree 
for  a  little  over  3  bolls. 

xvii 


Aberdeenshire  Sheriff  Court : 

as  illustrating  the  very  subservient  and  almost  hopeless  position 
of  an  occupier  of  the  soil  in  the  position  of  this  Thomas  Law,  in 
a  dispute  with  his  landlord. 

These  Decrees  of  Supplement  suggest  another  line  of 
thought.  At  an  earlier  date  the  tillers  of  the  soil  were  to  a 
large  extent  astricti  glebae,  fixed  like  limpets  to  a  rock,  and 
the  writer  cannot  recall  a  single  Decree  of  Supplement  in  the 
sixteenth  century.  The  earliest  found,  occurred  in  February, 
1603  (p.  33).  From  that  date  onwards  there  was  an  increase  of 
these  cases,  at  first  slow,  but  rapidly  growingt  until  their  number 
was  considerable.  The  meaning  of  this  was,  that  greater  move- 
ment was  taking  place  among  the  tillers  of  the  soil  than  had 
formerly  obtained.  The  coming  of  the  Reformation,  which  had 
stirred  the  national  life,  had  also  brought  with  it  impatience  of  old 
limitations  and  restrictions. 

From  the  legal  historical  point  of  view  this  increase  of  move- 
ment meant  on  the  one  hand,  the  gradual  decadence  of  Courts  of 
Lands,  Baronies,  and  Regalities,  and  on  the  other,  the  growth  and 
extension  of  the  Sheriff  Court.  The  trouble  and  expense  of 
double  Decrees  must  have  gradually  brought  it  home  to  the 
minds  of  those  interested,  that  it  was  simpler  and  better  to  resort 
directly  to  a  Court,  whose  jurisdiction  extended  over  the  whole 
County,  than  to  begin  by  applying  to  Courts,  whose  jurisdiction 
was  limited  to  parts,  and  sometimes  to  very  small  parts,  of  the 
Sheriffdom. 

It  is  not  possible  to  gather  from  these  records,  specific 
information  as  to  the  nature  of  the  buildings  in  which  the 
agricultural  classes  were  housed,  but  it  clearly  appears  from 
the  Books  of  Judicial  Enactments,  that  everything  which  made 
their  dwellings  habitable,  belonged  as  a  rule  to  the  tenants.  The 
most  cursory  reader  cannot  fail  to  gather  this  from  the  numerous 
instances  of  the  arrestment  of  the  whole  woodwork  of  the 


xvin 


General  Introduction 

buildings,  described  in  great  detail,  in  proceedings  at  the  instance 
of  the  occupier's  creditors.  It  is  also  quite  true  that  there  are 
cases  in  the  Decree  Books  where  actions  were  brought  and 
Decrees  obtained,  by  landlords  against  their  tenants  for  de- 
molishing or  removing  the  woodwork  of  farm  buildings  ;  but 
these  seem  to  have  applied  chiefly  in  cases  where  they  were 
formal  leases. 

If  the  old  Session  Records  of  the  Parish  of  Skene  were 
extant  and  available,  some  light  might  be  had  as  to  the  offences 
for  which  the  penalties  decerned  for  14  June,  1637  (p.  461),  were 
imposed.  In  the  absence  of  details,  readers  must  be  left  to  form 
their  own  conclusions. 

The  agricultural  labourer,  as  such,  appears  in  the  Volumes 
dealt  with,  very  seldom  indeed,  and  then  only  in  reference  to  his 
"  fee  "  or  remuneration.  A  few  cases  of  not  entering  to  service 
— the  first  on  14  Jany.,  1618 — (p.  234),  have  been  found,  in  which 
the  penalty  awarded  against  the  servant  was  the  amount  which 
he  would  have  received  if  he  had  fulfilled  his  engagement.  The 
Decree  Books  of  later  date  than  those  dealt  with  in  the  following 
pages,  contain  much  more  numerous  examples  of  cases' between 
master  and  servant. 

Of  proceedings  in  the  Sheriff  Court  common  in  the  first  half 
of  the  seventeenth  century,  but  which  have  now  disappeared,  we 
find  Actions  of  Transumpt  and  of  Registration  taking  a  pro- 
minent place.  An  example  of  a  Decree  of  Transumpt  was  given 
in  the  first  volume  (p.  371),  but  it  may  not  be  amiss  to  explain 
that  the  object  aimed  at  was  to  secure  that,  when  one  or  more 
parties  were  interested  in  the  title  deeds  to  lands,  each  should 
have  it  in  his  power  to  obtain  from  the  Court,  after  transumpt, 
an  authentic  copy  of  the  originals,  which  to  all  intents  and 
purposes  should  be  equivalent  thereto.  A  number  of  these  cases 
will  be  found  in  Part  II.  of  Decree  Book  Vol.  I.  (pp.  492-5). 

xix 


Aberdeenshire  Sheriff  Court: 

Actions  of  Registration  were  instituted  for  the  purpose  of  en- 
abling the  heirs  of  creditors  under  obligations,  containing  a  clause 
of  Registration  for  Execution,  to  proceed  against  the  debtors 
under  that  clause,  as  if  they  had  been  the  original  creditors.  As 
somewhat  outstanding  examples  of  this  class  of  Decrees  there 
may  be  cited  the  cases  of  Janet  and  Margaret  Chalmer,  daughters 
and  co-heirs  of  Robert  Chalmer,  burgess  of  Abd.,  against  their 
father's  debtors,  dated  20  Deer.,  1639  (pp.  472-3).  In  these 
instances  the  Decrees  were  of  great  length,  every  one  of  the 
Bonds  and  Obligations  being  (as  was  the  practice)  engrossed  ad 
longum. 

In  the  former  volume,  Actions  of  Removing,  Actions  of 
Cognition,  Actions  of  Spuilzie,  and  Actions  for  recovery  of  rent, 
occupied  the  Court  almost  entirely,  and  hardly  any  other  kind  of 
litigation  found  a  place.  From  the  Tables  of  Contents  in  the 
present  volume,  it  may  at  once  be  seen  how  much  the  area  of  the 
Court's  work  had  broadened.  In  that  volume  almost  everything 
related  to  the  land,  in  this  there  will  in  addition  be  found,  a  vast 
number  of  cases  relating  to  money  and  personal  property,  and 
rights  of  a  variety  of  kinds.  So  much  is  this  the  case  that  it  is  a 
hopeless  task  to  attempt  in  a  short  general  introduction  so  to 
summarize,  as  to  convey  any  adequate  description  of  the  contents, 
a  few  brief  glances  being  all  that  is  possible. 

Actions  of  Forthcoming  were  of  constant  occurrence  ;  but 
frequent  as  they  were,  it  is  evident  that  if  all  the  arrestments, 
which  we  find  recorded  among  the  Judicial  Enactments,  had 
been  followed  up  by  such  actions,  the  life  of  the  Court  officials 
would  have  been  made  a  burden  to  them.  What  was  the  why  and 
wherefore  of  the  enormous  number  of  these  arrestments  ?  This 
question  will  force  itself  on  the  attention  of  the  reader  ;  but 
cannot  be  answered  with  precision  and  certainty.  It  is  obvious 
to  start  with,  that  the  diligence  then  called  arrestment  partook  as 


XX 


General  Introduction 

much  of  the  character  of  the  poinding  or  sequestration  of  effects 
in  the  debtors  own  possession,  as  of  the  attachment  of  funds  or 
effects  in  the  hands  of  third  parties.  Speaking  very  generally 
the  arrestments  may  be  divided  into  three  classes,  those  for 
recovery  of  ordinary  debts,  those  for  the  recovery  of  rent,  and 
those  arising  out  of  boundary  disputes.  The  first  of  these  would 
correspond  most  nearly  to  the  modern  arrestment,  the  second  to 
sequestration  for  rent,  and  the  third  to  poinding.  The  precepts 
upon  which  the  arrestments  proceeded  were  often  those  of  land- 
lords, and  they  were  laid  on  by  their  officers.  Judging  from 
occasional  glimpses  behind  the  scenes,  they  may  at  times  have 
been  laid  on  without  a  precept  or  warrant  of  any  kind.  The 
party  who  could  afford  it,  and  was  smart  enough  to  be  first  in  the 
field,  had  a  poor  and  friendless  opponent  at  his  mercy.  What 
could  a  tenant  in  such  a  position  do  on  the  eve  of  harvest,  when 
all  his  growing  crop  had  been  arrested,  or  if,  on  the  eve  of  winter, 
it  was  put  out  of  his  power  to  lay  a  finger  on  his  stock  of  peats, 
without  incurring  the  pains  of  breach  of  arrestment  ?  No  course 
was  open  but  submission  or  sacrifice.  It  would  appear,  however, 
that  many  had  friends  ready  to  help,  often  in  their  own  neigh- 
bourhood, and  frequently  in  the  Town  of  Aberdeen.  When  a 
tenant  was  involved  in  a  landlord's  dispute,  his  laird  was,  of 
course,  at  hand  loyally  to  back  him,  and  in  a  large  number  of 
instances  the  arrestments  obviously  arose  out  of  differences  about 
marches.  As  an  example  of  a  laird's  timely  support  in  a  matter 
much  more  serious  than  a  mere  boundary  dispute,  may  be  cited 
the  case  of  Andrew  Myntie  in  Wester  Corse  (12  Oct.,  1609, 
p.  151)  charged  with  homicide,  for  whose  appearance  to  be  tried, 
and  for  the  release  of  his  property  from  arrestment  Patrick 
Forbes  (afterwards  Bishop  Patrick  Forbes)  of  Corse,  became 
cautioner. 

Two  localities  in  the  neighbourhood  of  Aberdeen  were  for  a 


XXI 


Aberdeenshire  Sheriff  Court : 

time  constantly  in  evidence  in  disputes  about  marches,  namely, 
the  "  Reid  Burne  "  near  Logic  Fintray,  and  the  Hill  of  Drumna- 
gair  in  Old  Machar,  near  the  site  of  the  new  Kingseat  Parochial 
Asylum  ;  but  it  is  not  necessary  to  go  so  far  afield  for  examples, 
for  corn  was  arrested  upon  the  "  Thriepfeilds  "  of  Gilcolmstone, 
upon  "  the  cruikit  myris  and  outfaldeis  of  Gilcolmstone  "  and 
upon  the  south  side  of  the  "  Theifis  fauld  of  Gelkquhomstowne  " 
while  "  faill  cassin  upon  the  Wast  end  of  the  Cardowne  fauld  of 
Gelkquhomstowne  "  was  made  the  subject  of  the  same  form  of 
diligence. 

Whether  it  was  in  connection  with  the  boundaries  of  his 
glebe  or  not,  that  in  1606  Mr.  Wm.  Neilsoune  the  Minister  of 
Fintray,  fell  foul  of  Wm.  Forbes  of  Logie-Fintray  and  his  tenants, 
the  record  does  not  disclose  ;  but  we  learn  (p.  90)  that  he  had  to 
find  caution  for  200  merks  in  a  process  of  Lawborrows,  that  he 
would  keep  the  peace  towards  them.  From  the  records  of  the 
Presbytery  of  Aberdeen  it  would  appear  that  on  17  July,  1601, 
the  Minister's  application  to  have  a  glebe  designed  out  of  Forbes' 
lands  was  before  the  Presbytery,  and  was  dealt  with.  The 
Process  of  Lawborrows  originated  in  the  Court  of  Session  in 
1603  or  1604,  so  it  is  n°t  unreasonable  to  suppose  that  the 
trouble  was  of  the  kind  indicated. 

A  quaint  entry  in  1607  regarding  a  member  of  another  pro- 
fession may  suitably  be  adverted  to  here.  We  refer  to  the  case 
of  Alexander  Wilsone,  Chirurgeon  (p.  99),  for  whom  Thomas 
Gordon  of  Grandoun  was  cautioner  that  the  accused  should 
appear  "  to  underly  the  law  for  the  deathe  of  umquhill  Alexr 
Reid  sone  to  Mr  Wa.  Reid  Advocat  in  Abd.  quha  depairtit  this 
present  lyff  throche  the  miscuir  of  the  said  Alexr  as  is  alledgit." 
Unfortunately  there  is  no  record  of  the  trial. 

In  addition  to  Acts  of  Caution  of  various  kinds,  Renunciations, 
Discharges  and  Ratifications  granted  by  married  women  in  facie 


General  Introduction 

curiae  bulk  very  largely  in  the  Minute  Books  of  Judicial  Enact- 
ments, and  it  is  hoped  that  they  may  be  found  useful  in  supplying 
genealogists  with  the  names  and  family  descent  of  the  female 
members  of  families,  who  are  never  so  easy  to  trace  as  those  of 
the  other  sex.  To  lawyers,  and  especially  to  Civilists,  the  per- 
sistent reference,  at  one  period,  in  these  Acts  of  Court,  to  the 
Senatus  Consultum  Velleianum,  must  be  of  interest.  An  example 
occurring  in  the  i6th  century  was  printed  in  the  former  volume 
and  references  to  the  Edict  have  been  found  at  least  as  late  as 
I6I3.1  It  is  said  that  this  edict  was  never  incorporated  with,  or 
recognized  as  part  of,  the  law  of  Scotland.  Be  that  as  it  may,  the 
fact  remains  that  experienced  conveyancers  at  that  time  were  of 
opinion,  that  in  addition  to  a  general  renunciation  of  women's 
rights,  there  should  be  a  special  renunciation  of  this  Senatus 
Consultum. 

A  somewhat  remarkable  and  picturesque  example  of  Sym- 
bolism, which  the  writer  does  not  happen  to  have  seen  noticed 
elsewhere,  will  be  found  among  the  Judicial  Enactments  of  1606 
(pp.  85  and  1 1 8).  There  is  nothing  new  in  the  delivery  of  the 
keys  of  the  "  fyr  "  houses  barns  and  office  houses,  or  of  "  yeird 
and  stane  "  of  the  ground,  as  there  recorded  ;  but  the  picture  of 
carrying  out  the  eviction  "  be  casting  out  of  ane  Cheir  and  ane 
Tangis  " — the  chair  presumably  in  which  the  previous  occupant 
sat,  and  the  tongs  by  which  the  fire  was  fed — may  possibly  be  as 
new  to  many,  as  it  is  quaint  and  interesting. 

The  duties  or  mutual  obligations  of  neighbours  were  occasion- 
ally brought  under  the  cognizance  of  the  Sheriff  Court,  and  were 
dealt  with.  One  of  these  was  the  obligation  of  herding,  "  or 
keeping  guids,"  i.e.  bestial,  from  invading  neighbours'  corn  fields, 
a  most  important  matter  in  the  days  when  sufficient  fencing  was 
very  rare.  Numerous  cases  will  be  found  in  which  damages 

I  See  also  Records  of  Old  Aberdeen.     New  Spalding  Club,  I.,  p.  35. 

xxiii 


Aberdeenshire  Sheriff  Court: 

were  sought  and  obtained  for  non-fulfilment  of  this  duty.  Two 
cases  of  a  different  and  unusual  but  interesting  kind,  one 
occurring  in  1631  (p.  347),  the  other  in  1 64 1  (pp.  483  and  489),  may 
be  specially  noticed.  In  the  former,  a  farmer  was  found  liable  to 
pay  for  part  of  the  crop  on  the  adjoining  farm,  "  brunt  be  him  in 
his  default  and  sleuth  being  neighbour  to  the  complenares  in  sa 
far  as  the  defendar  kendlit  fyr  in  the  moss,"  etc.,  and  which  was 
allowed  to  spread  to  the  corn.  In  the  second  case  a  mare  became 
affected  with  a  horse  sickness,  called  mortiecheyne,  upon  which 
a  neighbour  warned  the  owner  to  put  the  animal  away,  as  a 
danger  to  the  neighbourhood,  and  protested  that  if  this  was  not 
done  he  would  be  held  liable  in  damages.  The  owner  of  the 
mare  paid  no  heed  to  the  warning,  the  infection  spread  and  the 
Court  found  him  liable  to  pay  damages. 

Information  as  to  the  foreign  trade  of  the  country  is  not  to 
be  looked  for  in  Records  such  as  these,  but  from  the  case  of 
Nicolsone  v.  Smyth  and  others,  4  June,  1634  (p.  394),  we  learn 
that  meal,  bear,  and  malt  were  shipped  in  considerable  quantities 
from  Peterhead  to  Norway,  the  return  cargoes  being  composed 
of  timber.  The  export  duty  charged  upon  the  grain  was  5/-  per 
boll,  while  for  each  "  laidning  "  or  "  leadning  "  of  wood  coming 
into  the  port  there  was  charged  ^5. 

In  this  connection  attention  may  be  drawn  to  the  case  of 
Gordon  v,  Menzies  and  others,  5  Deer.,  1634  (p.  422),  not  so 
much  as  furnishing  a  list  or  inventory  of  the  belongings  of  a 
lady  of  the  better  class,  although  it  is  not  without  interest  from 
that  point  of  view,  but  rather  as  showing  the  number  of  distant 
places  with  which  the  inhabitants  of  these  Islands  had  directly,  or 
indirectly,  established  commercial  relations.  The  Netherlands, 
France,  Spain.  Italy,  Turkey,  Russia  and  India  had  all  contri- 
buted to  the  filling  up  of  this  lady's  trunks  and  kists. 


XXIV 


General  Introduction 

It  is  necessary  to  allude  very  shortly  to  the  forms  of  process 
or  procedure  in  the  Sheriff  Court  during  the  period  covered  by 
this  volume.  Fortunately  this  necessity  was  foreseen,  and  the 
course  of  two  litigated  cases  was  traced  out  and  will  be  found 
under  dates  3  June,  1607,  and  19  Novr.,  1617  (pp.  130  and  226). 
It  only  remains,  therefore,  to  add  that  so  far  as  the  writer  has  been 
able  to  observe,  cases  as  a  general  rule  took  end  in  five  different 
ways  (i)  In  default  of  appearance  to  defend;  (2)  By  failure  to  lodge 
defences  or  other  paper  ordered  ;  (3)  By  a  decision  against  either 
of  the  parties  on  relevancy,  proof  being  disallowed  ;  (4)  By  the 
failure  of  one  or  other  of  the  parties  (ordinarily  the  defender)  to 
appear  at  the  diet  of  proof,  when  specially  cited,  and  (5)  By  a 
decision  of  the  Court  after  proof.  One  peculiarity  of  the  then 
practice,  which  will  doubtless  be  noted  by  legal  practitioners,  was 
that  there  was  apparently  no  limit  to  the  number  of  defenders 
who  could  be  convened  in  one  action,  on  different  grounds  of 
debt  or  liability. 

Before  passing  from  the  subject  of  Civil  Procedure,  two 
features  of  the  Decrees,  which  are  very  noticeable,  call  for  a  few 
observations.  One  of  these  is  still  to  be  observed,  although 
perhaps  not  in  such  a  marked  degree,  while  the  disappearance  of 
the  other  in  modern  times  is  a  thing  deeply  to  be  deplored.  The 
practice  of  asking  much  more  than  you  expect  to  get,  has  been 
common  in  all  times  and  in  all  countries.  Of  actions  of  damages 
this  is  specially  true.  The  particular  field  in  which  our  fore- 
fathers surpassed  themselves  was  in  the  matter  of  the  "  excrescent 
profits,"  which  they  claimed  in  Actions  of  Spuilzie.  If  the  state- 
ments, which  they  set  down  as  to  the  prolific  capabilities  of  their 
live  stock  and  their  value,  had  been  true,  the  occupation  of  cattle, 
sheep,  swine  and  poultry  rearing  would  have  been  profitable 
beyond  the  wildest  dreams  of  the  farmers  of  modern  times. 
Without  repeating  details,  reference  may  be  made  to  the  case 

XXV 


Aberdeenshire  Sheriff  Court : 

which  the  writer,  for  want  of  a  better  name,  has  titled  "  Pigsticking 
in  Strathdon,"  in  1617  (pp.  218  and  233),  and  to  the  case  of 
Spuilzie  of  cattle,  sheep  and  horses,  in  1637,  at  the  instance  of 
Sir  Robert  Innes  of  that  ilk  (pp.  445  and  462),  which  have  been 
used  as  Illustrative  Examples.  A  further  illustration  has  been 
found  in  a  decree  relating  to  the  Spuilzie  of  the  Minister  of  Glen- 
muick's  poultry  yard,  in  1638  (p.  449).  In  the  two  cases  first 
named  the  Pursuers  had  to  be  content  with  much  less  than  they 
sued  for  ;  but  the  minister,  Mr.  Alexr.  Gordoune,  owing 
apparently  to  the  non-appearance  of  the  defender,  got  what  he 
asked,  and  what  he  asked  as  the  excrescent  profits  of  six  brood 
geese,  carried  off  a  year  before,  was  thus  expressed  :  "  Ilk  guise 
ilk  day  to  ane  ege  pryce  thairof  twa  shillingis1  and  ilk  guise  ilk 
yeir  sex  brodis  ilk  bruid  extending  to  sextein  geis  pryce  of  ilk 
guis  thairof  twentie  shillingis."  Surely  a  wonderful  picture  of 
fecundity,  and  of  combination  of  production  with  incubation,  and 
which,  according  to  the  terms  of  the  decree,  was  to  continue  in 
operation  until  his  geese  were  restored  to  the  Minister,  "  als 
guid  as  they  war  the  tyme  of  the  spuilzeatioune  thairof  "  ! 

But  if  in  these  days  we  exaggerate  somewhat  less  than  those 
who  went  before  us,  we  fall  sadly  short  of  them  in  their  regard 
for  the  sacredness  of  an  oath.  Nothing  has  made  a  deeper 
impression  upon  the  writer's  mind  than  the  remarkable  efficacy  of 
the  reference  to  an  opponent's  oath  in  those  old  days.  When,  in 
our  litigations,  other  proof  is  wanting,  and  a  reference  to  oath  is 
suggested,  the  experience  of  every  one  prompts  him  to  say  "  cut 
bono  ?  "  In  other  words,  as  a  method  of  ascertaining  the  truth 
from  an  opponent,  it  is  regarded  as  practically  inoperative  and 
almost  worthless.  It  was  quite  otherwise  in  the  i6th  century. 
Up  to  the  point  of  proof,  every  trick  of  fence  that  legal  ingenuity 
and  casuistry  could  suggest,  would  be  used  by  the  procurators 

i  Scots  Money. 


XXVI 


General  Introduction 

without  scruple,  in  the  attempt  on  behalf  of  a  defender  to  stave 
off  a  claim,  or  to  escape  liability  altogether  ;  but  should  these  be 
overcome,  and  the  merits  referred  to  the  defender's  oath,  one  of 
two  things  happened.  The  recalcitrant  debtor  either  refused  to 
face  the  ordeal  by  absenting  himself  (which  was  the  common 
method),  or  attended  and  admitted  at  least  some  measure  of 
liability.  The  cases  of  entirely  unsuccessful  references  to  oath 
formed  an  exceedingly  small  proportion  of  the  whole.  These 
remarks  apply  not  to  defenders  only,  but  to  pursuers  also,  who 
not  infrequently  modified  their  claims  on  a  reference  to  their 
oaths.  A  notable  example  of  this  has  already  been  referred  to 
in  a  footnote  (p.  xvii),  where  the  Laird  of  Arnage,  holding  already 
an  Act  of  the  Bailzie  Court  against  his  debtor  for  12  bolls  of 
meal,  reduced  his  claim,  upon  a  reference  to  his  oath,  to  3  bolls 
i  firlot. 

Notable  Persons 

It  was  in  the  writer's  mind  to  embrace  in  this  Introduction 
some  references  to  the  names  of  the  numerous  persons  of  note, 
who  flit  across  the  pages  of  the  Court  Records  ;  but  for  various 
reasons  he  has  resolved  to  leave  over  everything  of  that  kind, 
with  one  exception,  to  the  third  or  Index  Volume.  The  excep- 
tion is  that  of  Dr.  Arthur  Johnston  the  poet,  whose  name  occurs, 
and  whose  affairs,  movements,  and  family  are  dealt  with,  in  a 
group  of  entries  reproduced  on  pp.  299,  300  and  301  infra.  It 
may  be  remembered  that  according  to  Sir  William  Geddes' 
Memoir,1  Dr.  Johnston  had  returned  to  Aberdeen  from  the 
Continent  previous  to  August,  1622,  because  on  the  5th  of  that 
month  he  had  been  enrolled  as  a  burgess.  Farther  proof  has 
been  found  in  the  entries  just  referred  to,  from  the  first  of  which, 
under  date  12  June,  1622,  it  appears  that,  before  that  date,  he 

I  Musa  Latina  Aberdonensis,  Vol.  II.,  p.  xxx. 
xxvii 


Aberdeenshire  Sheriff  Court : 

had  bought  a  house — no  doubt  a  residence — on  the  East  side  of 
the  Gallowgate  of  Aberdeen.  This  house  had  belonged  to  one 
John  Burnet,  a  burgess,  then  deceased,  whose  widow,  Issobell 
Burnet,  had  apparently  the  liferent  of  it.  With  her  consent, 
however,  it  had  been  sold,  and  so  on  the  date  mentioned  she 
appeared  in  Court  to  testify  to  that  effect.  Her  renunciation— 
and  no  doubt  the  clause  was  identical  with  the  Disposition  which 
had  been  granted — was  "in  favores  of  Mr  Arthur  Jhonstoune 
Doctor  of  Physick,  and  Marie  Cagnoncle  his  spous  now  heritable 
proprietars  of  the  samen."  It  is  probable  that  the  information, 
which  was  obtained  from  the  Registry  of  Births  at  Sedan,  in 
which  the  lady's  maiden  name  was  given  as  de  Cagniole,  was 
correct  and  final.  At  the  same  time  it  cannot  be  readily  assumed 
that  a  scholarly  man  like  Dr.  Johnston  would  furnish  a  garbled 
spelling  of  his  wife's  name,  to  be  used  in  such  a  serious  matter  as 
a  conveyance  of  heritage  to  him  and  her,  rior  does  it  seem  to  the 
writer  that  it  is  to  be  taken  for  granted  too  easily,  that  the  Clerk 
of  Court  made  a  mistake  in  copying  from  the  conveyance.  Be 
this  as  it  may,  the  record  in  this  volume  fixes  the  poet  as  having 
taken  up  his  residence  in  Aberdeen  not  later  probably  than  Whit- 
sunday, 1622.  This,  as  has  been  said,  is  quite  in  accordance  with 
the  conclusion  arrived  at  by  Sir  William  Geddes.  There  is  a 
statement,  however,  by  Abbe  Bouillot,1  to  the  effect  that  Johnston 
remained  on  the  Continent  until  1623,  and  the  entry  which  is  now 
to  be  referred  to  may  quite  well  be  interpreted  as  bearing  out  the 
accuracy  of  the  conclusions  of  both  the  late  learned  Principal 
and  of  the  Abbe  Bouillot.  So  soon  after  his  return  as  28 
August,  1622,  Dr.  Johnston  appeared  in  Court,  "being  passing 
out  of  this  realme  and  uncertaine  of  his  returning,"  and  nominated 
curators  ad  lites  et  negotia  to  his  children,  who  are  named.  It  is 
not  likely  that  a  mere  visit  to  England  would  have  induced 

I   Musa  Latina,  II.,  p.  xx. 


XXVlll 


General  Introduction 

Johnston  to  take  this  step.  His  action  rather  points  to  this,  that 
after  settling  his  wife  and  family  in  Aberdeen,  he  returned  to  the 
Continent  to  wind  up  his  concerns  there,  and  did  not  finally  quit 
Sedan  until  1623,  as  the  Abbe  has  it. 

What  was  the  cause  of  his  leaving  Scotland  does  not  appear 
from  the  Sheriff  Court  records  ;  but  the  necessity  laid  on  him  for 
appointing  curators  to  his  children  does.  The  house  he  had 
bought  had  belonged  to  the  deceased  John  Burnet,  and  when  it 
was  sold,  the  price,  after  making  provision  for  the  Widow's  right 
of  liferent,  would  doubtless  go  to  relatives  of  the  deceased  owner. 
Two  of  these  at  least  had  creditors,  who  were  not  very  sure  of 
being  paid,  so  these  arrested  in  Dr.  Johnston's  hands  the  price 
payable  to  their  debtors,  Burnet's  heirs.  At  a  somewhat  later 
date  there  is  evidence  that  one  of  the  arrestments  was  withdrawn, 
but  it  is  unnecessary  to  allude  to  this  matter  farther  than  to 
indicate,  that  these  complications  rendered  it  desirable  for  Dr. 
Johnston  to  take  the  somewhat  unusual  course  which  he  did,  of 
appointing  curators  to  his  children  in  his  lifetime. 

Before  bringing  these  brief  notes  to  a  close,  it  may  not  be 
amiss  to  add  one  or  two  explanatory  observations  regarding  the 
text. 

The  spellings  of  the  names  and  designations  of  persons  and 
the  names  of  places  have  been  scrupulously  followed,  even  when 
they  differed,  as  they  frequently  did,  in  one  and  the  same  entry. 
The  constantly  occurring  contractions  have,  in  almost  all  cases, 
been  expanded  according  to  the  spelling  of  the  period. 

In  all  cases  where  sums  of  money  occur,  Scots  money  is  to  be 
understood  unless  it  is  otherwise  stated. 

A  farther  word  of  explanation  may  be  added  for  the  benefit 
of  any  who  may  not  be  familiar  with  the  older  forms  of  Convey- 
ancing, and  who  may  be  perplexed  by  observing  persons  suing  as 


Aberdeenshire  Sheriff  Court 

heritable  proprietors  of  estates,  which  they  have  hitherto  believed 
to  have,  at  the  time,  belonged  to  well-known  county  families.  It 
is  often  puzzling  ;  but  the  solution  is  to  be  found  in  this,  that, 
before  the  days  of  Bonds  and  Dispositions  in  Security,  those  who 
lent  on  the  security  of  heritage,  received  an  absolute  Disposition, 
upon  which  they  obtained  themselves  infeft  in  the  subjects.  It 
is  true  that  these  Conveyances  were  qualified  by  reversionary 
clauses,  proving  that  the  radical  right  still  remained  with  the 
borrower  :  but  until  these  provisions  became  operative  by  repay- 
ment of  the  debt,  the  lenders  were  entitled  to  style  themselves 
"  heritable  proprietors,"  as  in  judicial  proceedings  they  almost 
invariably  did. 


PART  L 

Records,  J598-J649 


RECORDS    OF    THE     SHERIFF    COURT 
OF    ABERDEENSHIRE 

The  Diet  Books:  Vol.  VL,  J598-162J 

This  volume  contains  an  almost  complete  record  of  the  Head  Courts 
of  the  County  for  more  than  20  years,  from  Michaelmas,  1598,  to  Pasche 
or  Easter,  1621.  From  about  the  middle  of  the  book  there  is  missing  the 
latter  part  of  the  record  of  the  Court  at  Pasche,  1611,  and  the  whole 
record  of  the  Michaelmas  Court  of  that  year.  It  is  not  absolutely  clear 
whether  some  pages  are  not  missing  at  the  beginning  of  the  volume, 
which  has  been  mended  with  tissue  paper  throughout.  There  certainly 
appears  to  be  at  least  one  leaf  missing  at  the  end.  The  amount  of 
scribbling  on  a  number  of  leaves  at  the  beginning  and  end  may  almost 
be  called  extraordinary  ;  but  nothing  of  an  authoritative  kind  by  way  of 
title  is  decipherable.  The  date  of  the  first  entry,  which  records  an 
appointment  made  at  a  Court  held  by  the  Earl  of  Huntly,  cannot  be 
made  out,  except  that  it  was  in  the  month  of  April :  but  as  the  Earl  was 
not  restored  to  the  Sheriffship  until  June,  1597,  and  the  next  date  in  the 
book  is  October,  1598,  it  must  have  been  April  of  the  latter  year.  Two 
entries  occur  in  May,  1621,  after  the  date  of  the  last  recorded  Head 
Court,  both  with  reference  to  the  appointment  of  Sheriff  Deputes ;  but 
unfortunately  the  second  of  the  two  is  incomplete.  For  part  of  the 
period  covered  by  this  volume  other  Diet  Books  exist,  which  prove  that 
this  one  is  a  clean  copy  taken  from  these,  either  at  the  time  or  soon  after. 
In  these  circumstances  signatures  are  not  expected  to  be  found,  and  in 
this  whole  volume  only  one  occurs,  that  of  Mr.  William  Anderson,  the 
Sheriff  Clerk,  who  on  3rd  October,  1620,  appends  his  signature  to  the 
sentence  of  fine  of  the  Absent  Barons,  designing  himself  "  Scriba  curie 
vicecomitatus  de  Abd." 

Previous  to  the  Michaelmas  Head  Court  of  1609,  the  fine  inflicted 
on  the  Barons  for  absence  was  "  the  unlaw  contenit  in  the  Act  of 


Aberdeenshire  Sheriff  Court 

Parliament,"  but  at  that  Court  .£40  Scots  is  specified,  while  at  and  after 
Michaelmas,  1615,  the  amount  is  raised  to  £50  Scots. 

It  has  no  doubt  occurred  to  some  to  speculate  as  to  the  origin  or 
antiquity  of  the  term  "  my  Lord,"  used  in  addressing  Sheriffs  and  their 
Substitutes  in  Scotland,  as  contrasted  with  the  title  "  your  honor,"  used 
in  addressing  other  inferior  judges  and  magistrates  both  in  Scotland  and 
England.  There  is  nothing  in  these  books  to  throw  light  on  the  origin 
of  the  practice,  but  they  clearly  establish  the  antiquity.  The  term  occurs 
occasionally  in  the  books  of  the  i6th  century,  but  is  specially  prominent 
in  the  sentences  of  fine  in  this  volume,  which  begin  "  The  said  day  my 
lord  Shreff  deput  foresaid." 

The  lists  of  absentees  who  were  fined  and  the  numerous  claims  to  be 
exempted  from  attendance  make  it  plain  that  no  jurors  of  our  own  time 
could  be  more  anxious  to  avoid  serving  than  the  county  gentlemen  of 
old  were  to  avoid  personal  attendance  at  the  Head  Courts,  while,  on  the 
other  hand,  no  modern  judges  could  be  more  strict  in  imposing  the 
penalties  for  non-attendance  than  the  Sheriffs  of  those  days  were. 

Speaking  generally,  the  contents  of  this  volume  are  Lists  of  Absent 
Barons,  claims  of  exemption  from  attendance,  the  entry  of  suitors  and 
appointments  of  Sheriff  Deputes.  One  election  of  commissioners  to 
Parliament  and  general  conventions  is  recorded  on  ist  October,  1616,  at 
which  the  Marquis  of  Huntly  presided  as  Sheriff  Principal. 

It  has  not  been  thought  necessary  to  mention  in  the  subjoined  Table 
of  Contents  those  Courts  at  which  the  business  was  purely  formal. 


Table  of  Contents  of  Vol.  VL  of  Diet  Books 

1598. 

April  Appointment  of  Sheriff  Depute.     The  Earl  of  Huntly,  sitting  on  the  bench  as 

Sheriff  principal,  created  John  Gordoune  in  Haltoun  of  Fintray,  a  Sheriff  depute  during 
pleasure,  who  took  the  oath  defideli.  Mr.  Thomas  Leslie,  describing  himself  as  depute 
to  John  Leslie  of  Balquhane,  protested  that  the  right  to  the  office,  which  he  also  had 
from  Lord  Huntly,  should  not  be  prejudiced. 

Octr.  3.  Head  Court.      At  this  Court,  presided  over  by  John   Gordoune  of  Bogis,  89 

barons  were  fined  for  absence  of  themselves  or  suitors.  The  Sheriff  admitted  Gilbert 
Guthrie,  elder,  as  suitor  for  the  Laird  of  Phillorthe,  and  Hucheoun  Ross,  who  was 
apparently  the  doomster  of  the  court  at  this  period,  as  suitor  for  the  Laird  of  Bairnis. 
Alexr.  Mortymer,  who  was  suitor  for  the  Laird  of  Cragyver,  protested  that  the  Laird 
was  obliged  to  give  suit  at  the  Head  Michaelmas  Court  only. 

1599- 
Jany.  Head   Court.      80  barons   fined.      Mr.   Wm.   Reid,    burgess,  as  Attorney  for 

George,  Earl  Marischal  protested  that  his  principal  should  be  excused  because  he  was 
in  His  Majesty's  service. 

April  17.  Head   Court.      70  barons  fined,  and  the  following  suitors  admitted: — Gilbert 

Guthrie,  Younger,  for  John  Urquhart  of  Culbo,  Tutor  of  Cromarty,  and  also  for  the 
Lairds  of  Dunlughous  and  Petfour-Innes.  Robert  Garioche  for  the  Laird  of  Towy 
Ryland. 

Octr.  2.  Head  Court.     68  barons  fined.     Patrick  Gordoun  of  Halhead,  who  claimed  that 

his  only  obligation  in  respect  of  Head  Courts  was  to  give  a  suitor  at  the  Head  Michael- 
mas Court,  produced  in  support  of  his  claim  a  grant  by  James,  King  of  Scotland  to  the 
late  John  Gordoune,  son  to  the  late  John  Gordoune  in  Cushnie  of  the  Lands  of 
Conquhunderland  and  Halheid  in  Cushnie  dated  24  July  1511.  Other  claims  for 
exemption,  complete  or  partial,  were  made  by  the  Laird  of  Balgovnie — Hepburne. 
The  Laird  of  Blakfurde.  The  Laird  of  Leys,  who  alleged  that  his  lands  of  Carnayes 
were  annexed  to  his  Barony  of  Leys,  and  therefore  in  Kincardine.  The  Lady  of 
Kemnay  claiming  to  be  immediate  tenant  to  the  King  and  annexed.  The  Laird  of 
Thainstoun,  who  claimed  to  hold  of  the  Crown  for  payment  of  a  silver  penny  at  the 
Kirk  of  Kintore,  if  asked  only.  The  Laird  of  Auchlossin.  The  Laird  of  Cragiver,  for 
whom  an  exemption  was  produced.  This  document  was  "ordanit  to  be  batterit  and 
admitit."  John  Lumisden  of  Cushnie,  who  produced  an  Act  relative  to  a  Charter  of 
the  lands  of  Cushnie  and  Madlar,  given  in  presence  of  the  principal  Sheriff  on  6  Octr. 
1590.  The  following  suitors  were  admitted  : — David  Straquhan  for  the  parson  of 
Kincardine  O'Neill.  Gilbert  Guthrie,  Younger,  for  the  Laird  of  Streichin.  David 
Symesone  for  the  Laird  of  Tilligovnie.  Alexr.  Mollysone  for  George  Creichtoune  of 
Frendraucht.  Walter  Hay  in  Middiltoune  for  the  Laird  of  Middiltoun — Hay.  Alexr. 
Smyth  in  Culter,  for  the  Laird  of  Culter.  James  Rayne,  burgess,  for  the  Laird  of 
Cushnie.  George  Elphingstoun,  Saidlar,  burgess,  for  the  Laird  of  Petcappill. 


Aberdeenshire  Sheriff  Court : 

1600. 

Jany.  6.  Head  Court.      67  barons  fined.      The  Prior  of  Monymusk   protested  that  his 

being  present  was  not  to  prejudice  his  right  to  absent  himself  in  future.  David  Lyoun, 
apparent  of  Belhelvie,  protested  on  behalf  of  Lord  Glames  that  hisXordship  should  not 
be  fined,  as  he  was  at  a  Convention,  and  also  that  the  greatest  part  of  his  lands  was  in 
other  Sheriffdoms.  David  Straquhan,  Sadler,  was  admitted  suitor  for  Wm.  Straquhan 
of  Glenkindie,  while  Thomas  Douglas,  as  suitor  for  the  Lands  of  Kemnay  repeated  the 
Lady  of  Kemnay's  protest  made  at  last  Court. 

April  i.  Head  Court.     79  barons  fined.     William  Turing  of  Foveran  protested  that  he 

owed  only  one  suit  at  the  Court,  and  produced  an  evident  granted  by  King  David1  on 
June  and  of  his  reign  the  29th  year.     Robert  Garioche  was  admitted  suitor  for  the 
Laird  of  Brux. 

Sept.  30.  Head  Court.     90  barons  fined.     Adam  Weir,  Messenger,  admitted  suitor  for  the 

Laird  of  Kinnaird's  lands  of  Maymie. 

1601. 

Apl.  21.  Head  Court.     82  barons  fined.     Robert  Garioche,  suitor  for  Gilbert  Mengzeis  of 

Petfodels  and  Walter  Innes  for  Mr.  George  Setoun's  lands  of  [Shethine]. 

Octr.  6.  Head   Court.      81  barons  fined.      Mr.  Richard  Irving  of  Hiltoun,   burgess  of 

Aberdeen,  admitted  one  of  the  Sheriffs  depute  and  sworn  in. 

1602. 

Octr.  Head  Court.     67  barons  fined.     John  Leslie  of  Balquhain  produced  an  infeftment 

of  William  Leslie  of  Balquhain,  with  a  holding  from  the  Crown  in  ward  and  relief  and 
for  giving  one  common  suit  in  the  Sheriff  Court,  dated  at  Edinburgh  23  July  1511  and 
admitted  in  Exchequer  at  Linlithgow  on  12  August  1530,  as  evidenced  by  the  signature 
of  Gawane  Dunbar,  Clerk  Register  for  the  time.  The  Sheriff  depute  admitted  the 
laird's  claim.  A  number  of  suitors  admitted. 

1603. 

May  3.  Head  Court.     Mr.  Richard  Irving  on  the  bench.     86  barons  fined  by  the  "  Lord 

Shref  depute."     Arthur  Setoun,  suitor  for  Mr.  George  Setoun  of  Shethine. 

Octr.  4.  Head  Court.     76  barons  fined.     There  was  produced  on  behalf  of  Alexr.  Annand 

of  Auchterellon,  a  new  Crown  Charter  of  his  lands  dated  24  March  1603,  the 
obligation  under  which  was  to  give  one  suit  in  the  Court  and  no  personal  presence.  A 
number  of  suitors  admitted. 

1604. 

Apl.   16.  Head  Court.      69  barons  fined.      Alexr.    Chalmer  admitted  suitor  for  James 

Setoun  of  Petmedden,  for  his  lands  of  Craig  and  Bourtie. 

Octr.  2.  Head  Court.    66  barons  fined.     Both  Gordon  of  Bogs  and  Mr.  Richard  Irving 

of  Hilton  occupied  the  bench  at  this  Court.  Hucheon  Ross  was  succeeded  in  the  office 
of  Doomster  by  Patrick  Leslie. 

I   Presumably  David  II.,  Circa  1358. 
4 


Diet  Books:  Vol.  VI.,  Contents 

1605. 

Jany.  8.  Head  Court.     63  barons  fined.     Mr.  Andrew  Clark  appeared  as  procurator  for 

John  Forbes  of  Petsligo  and  protested  that  "he  be  frie  of  the  unlaw  for  nocht  giffing 
sute  and  presens  for  his  lands  of  Petsligo,  Mekill  Wardress  and  Lethintie  in  respect  of 
his  infeftment  Act  of  Court  extractit  furthe  of  the  Shreff  Court  buiks  of  Abd.  and 
Decree  of  the  Lords  interponit  thairto  quhilk  the  said  Mr.  Andrew  produceit  and  tuik 
npe  instantlie  agane." 

Octr.   I.  Head  Court.     64  barons  fined.     Both  Sheriffs  depute  on  the  bench.     Alexander 

Buchane  of  Auchmacoy  produced  title  to  the  lands  and  barony  of  Auchmacoy  under  the 
great  Seal  n  March  1603,  defining  his  obligations  respecting  Courts,  and  presented 
Thomas  Buchane  in  Litill  Auchmacoy  as  his  suitor.  Mr.  Andrew  Clark  produced 
Decree  of  the  Lords  dated  22  Jany.  1601,  exempting  John  Forbes  of  Petsligo  from  suit 
and  presence  at  the  Sheriff  Courts  of  Aberdeen.  A  number  of  suitors  admitted. 

1606. 

Jany.  7.  Head  Court.     57  barons  fined.     Both  Sheriffs  depute  on  the  bench,  the  name  of 

Gordon  of  Bogs  being,  as  usual,  placed  first.  Mr.  John  Cheyne  of  Petfichie  presented 
Mr.  Arthur  Watt,  Advocate,  as  suitor  for  the  Laird  of  Essilmont. 

Apl.  29.  Head  Court.      68   barons   fined.      Mr.  William  Barclay,  Procurator   for   Lord 

Glames  produced  an  Extract  Decree  of  the  Lords  of  Council,  dated  6  March  1606,  by 
which  Lord  Glames  was  made  free  of  suit  or  presence  at  the  Aberdeen  Sheriff  Court  for 
his  lands  and  barony  of  Balhelvies,  Ardendrett,  Collistoun,  Curtestoun  and  Drumgowan, 
they  being  parts  and  pertinents  by  annexation,  of  the  Thaynedome  of  Glames  in  the 
Sheriffdom  of  Forfar.  By  the  decree  the  Sheriff  of  Aberdeen  and  his  deputes  were 
charged  "to  desist  and  ceis  fra  all  calling  and  poynding  of  the  said  Lord  Glames" 
&c.,  &c. 

1607. 

Apl.   14.  Head  Court.     76  barons  fined.     John  Forbes  in  Auldmill  appeared  for  Alexander 

Burnat  of  Gask  and  produced  Crown  Charter  of  the  lands  of  Cask,  Brigend  and  Cragy- 
tocher,  dated  5  June  1605,  the  terms  of  which  are  here  fully  described,  claiming 
exemption  from  all  suit  or  presence  at  Sheriff  Courts. 

Octr.  6.  Head  Court.     75  barons  fined.     A  large  number  of  suitors  admitted. 

1608. 

Octr.  4.  Head    Court.      87   barons   fined.      The   Sheriffs  depute   presiding   were  John 

Gordoune   of  Tulligreig  and  Mr.    Richard  Irving.       Mr.   Alexr.   Irving   appeared  as 
procurator  for  John  Forbes  of  Petsligo  and  produced  royal  letters  charging  the  Sheriff 
and  his  deputes,  in  terms  of  a  Decree  of  22  January  1601,  not  to  fine  Forbes  but  to  free 
him  from  attendance  at  Head  Courts. 
1609. 

Jany.   10.  Head   Court.      82  barons   fined.       Gilbert    Thomsone,   burgess  of  Aberdeen, 

admitted  and  sworn  in  as  suitor  for  James  Grant  of  Invereirnan. 

Octr.  Head  Court.     86  barons  fined  ^40  Scots  each.     A  number  of  suitors  admitted. 

1610. 

Apl.   17.  Head  Court.     81  barons  fined.     Robert  Gareauche,  Messenger,  admitted  suitor 

for  the  Lairds  of  Essilmont,  Arnage  and  Bahagartie. 


Aberdeenshire  Sheriff  Court: 

1610. 

Octr.  2.  Head  Court.     78  barons  fined.     A  number  of  suitors  admitted.      Mr.  Robert 

Paip,  Procurator  for  James  Gordone  of  Lesmoir,  produced  a  ticket  subscribed  by  the 
Marquis  of  Huntly  at  Stirling  on  23  January  1510,  discharging  Lesmoir  and  his  late 
father,  Alexander  Gordone  of  Lesmoir  of  all  fines  bygone  and  to  come,  inflicted  for 
non-attendance  at  Head  Courts  until  the  ticket  should  be  discharged. 

1611. 

Jany.  8.  Head  Court.     82  barons  fined.     Robert  Gariauche1  acted  as  Sheriff  depute  at  this 

Court  according  to  the  heading ;  but  the  admission  of  a  suitor  for  Alexr.  Keith  of 
Balmure  for  his  lands  of  Logyruiff  on  the  same  day  is  said  to  have  been  in  presence  of 
John  Gordoune  of  Tilligreig,  one  of  the  usual  deputes. 

1612. 

Jany.  7.  Head  Court,     67  barons  fined.     The  presiding  deputes  were  now  John  Gordoune 

of  Lentusche  and  Mr.  Richard  Irving. 

Apl.  21.  Head  Court.     64  barons  fined.     John  Gordoune  of  Lentusche  and   Mr.  Richard 

Irving  being  on  the  bench,  the  former  styling  himself  principal  Sheriff  depute  and 
claiming  to  have  power  to  create  Sheriff  deputes  under  him,  appointed  Mr.  Alexr. 
Jaffray  of  Kingiswalls  a  Sheriff  depute  in  all  causes  civil  and  criminal  during  pleasure. 
Mr.  Jaffray,  being  present,  accepted  office  and  was  sworn  in. 

Octr.  6.  Head  Court.     45  barons  fined.     A  number  of  suitors  admitted. 

1613. 

Octr.  5.  Head  Court.      76  barons  fined.     At  this  Court  all  three  Sheriffs  depute,  viz.  : 

John  Gordoune  of  Lentusche,  Mr.  Richard  Irving  of  Hiltoune  and  Mr.  Alexr.  Jaffray 
of  Kingiswalls  were  on  the  bench.  A  number  of  suitors  admitted. 

1615. 

Octr.  3.  Head  Court.      It  is  impossible  to  summarize  the  Minutes  of  this  Court.      The 

entries  of  suitors  and  the  lairds  fined  are  mixed  up  together.  It  would  appear  that  an 
election  of  Commissioners  to  Parliament  and  General  Conventions  should  have  taken 
place,  for  the  Sheriffs  depute  protest  against  being  held  in  default  for  the  failure  of  the 
barons.  The  fine  for  absence  on  this  occasion  and  subsequently  is  stated  at  ^50  Scots 
each.  This  is  the  last  appearance  of  John  Gordoune  of  Lentusche  for  two  years. 

1616. 

Octr.  i.  Appointment  of  Sheriff  Depute.  The  Marquis  of  Huntly  held  a  sitting  for  the 
appointment  of  James  Gordoune  of  Knokespok  as  his  depute,  during  pleasure,  with 
power  to  create  deputes  under  him. 

Head  Court.  The  Marquis  along  with  Knokespok  now  held  the  Michaelmas 
Head  Court,  of  which  the  proceedings  are  given  in  the  Illustrative  Examples  of  this 
volume.  John  Leslie,  fiar  of  Balquhane  and  Mr.  John  Cheyne  of  Arnage  were  chosen 
Commissioners  to  Parliament  and  General  Conventions. 

2.          Appointment  of  Sheriff  Deputes.      Knokespok  sat  and  created  Mr.  Richard 
Irving  and  Mr.  Alexr.  Jaffray  deputes  under  him  during  pleasure. 

I  Probably  the  same  individual  who  is  elsewhere  called  a  Messenger. 

6 


Diet  Books:  VoL  VI.,  Contents 

1617. 

Jany.  7.  Head   Court.      John  Forbes  of  Petsligo  appeared  by  Mr.   Wm.   Barclay  and 

claimed  exemption  from  suit  or  presence.  The  claim  was  opposed  by  the  Sheriff,  for 
whom  Mr.  Robert  Paip  appeared.  The  depute  (Knokespok)  took  the  matter  to 
avizandum.  The  name  of  Margaret  Mackintosche,  Petsligo's  mother-in-law,  occurs  in 
the  entry. 

Septr.  30.  Head  Court.     The  Marquis  of  Huntly  sat  along  with  Knokespok  and  Jaffray. 

An  unusually  long  list  of  suitors  presented. 
1618. 
Jany.   13.  Head  Court.     John  Gordoune  of  Lentusche  re-appeared  on  the  bench. 

1619. 

Jany.   12.  Head  Court.     Mr.  Wm.  Paip  sat  as  a  Sheriff  depute  along  with  Lentusche.     A 

claim  by  Alexr.  Keithe  to  be  freed  from  suit  and  presence  for  his  lands  of  Logieruif  was 
rejected  by  the  Court  and  he  was  fined  for' absence  "in  respect  he  hes  nather  land  nor 
residence  bot  within  the  Shrefdome  of  Abd." 

Apl.  6.  Head  Court.     John   Gordoune  designed   of  Lytill   Gowill  presided  as  Sheriff 

depute.  Keithe  of  Logyruif  again  claimed  exemption  and  was  again  fined,  and  this 
occurred  regularly  in  subsequent  Head  Courts. 

Octr.  5.          Head  Court.     A  large  number  of  suitors  admitted. 

1620. 

Octr.  3.  Head  Court.     Gordon  and  Paip  presided.     James  Gairdine  of  Blakfurd,  one  of 

the  portioners  of  Auchterless,  produced  a  Charter  of  Novodamus  under  the  Great  Seal 
dated  4  July  1617.  For  the  first  time  the  sentence  of  fine  is  signed,  the  signature  being 
that  of  Mr.  Wm.  Andersone  the  Sheriff  clerk. 

1621. 

May  i.  Baillie  Court— Lease  of  the  office  of  Sheriff  Depute.  Mr.  David  Ruther- 
fuird,  the  Provost,  along  with  Baillies  Thomas  Forbes,  Robert  Johnestoun,  Gilbert 
Cullen  and  John  Mortimer  presided.  Mr.  Anderson,  the  Sheriff  Clerk,  produced  a 
gift  and  letter  of  tak  of  the  office  of  Sheriff  depute  granted  by  the  Marquis  of  Huntly  to 
Mr.  Robert  Gardyne  of  Kynnadie,  dated  at  Huntly  26  April  1621,  for  the  space  of  five 
years  thereafter.  Gardyne  accepted  office  and  was  sworn  in.  The  rent  payable  by 
him  to  Lord  Huntly  is  not  disclosed. 

22.  Appointment  of  Sheriff  Depute  (Imperfect).      The   Marquis   of  Huntly  and 

James  Gordon  of  Knokespok  on  the  bench.  The  principal  Sheriff  continued  Knoke- 
spok as  his  depute  until  Michaelmas  next ;  but  the  volume  comes  to  an  end  in  the 
middle  of  the  entry. 


Illustrative  Example  taken  from  Vol.  VL  of  Diet  Books 
A  Michaelmas  Head  Court 

Curia  Capitalis  Vicecomitatus  de  Abd.  tenta  in  pretorio  euisdem 
primo  die  mensis  Octobris  anno  domini  millesimo  sexcentesimo 
decimo  sexto  per  nobilem  et  prepotentem  dominum  Georgium 
Marchionem  de  Huntlie,  comitem  de  Engzie  dominum  Gordoun 
et  Badzenocht  &ca  vicecomitem  principalem  de  Abd.  et 
Jacobum  Gordoune  de  Knokespak  vicecomitem  deputatum 
dicti  vicecomitatus  pro  tribunali  sedente  sectis  vocatis  in  curia 
legitime  inchoata  et  affirmata 

The  said  day  compeirit  the  barronis  &  friehaldars  undir  writin  of  the 
said  Shrefdome  and  presentit  the  suteors  eftir  specifeit  quha  was  admitit 
be  the  said  Shreffis  as  suteors  for  thame  to  the  nixt  Michelmes  Court : 
Viz  Alexr  Jaffray  burges  of  Abd.  suteor  for  Arthor  Lord  Forbes  Thomas 
Dauidsone  In  Auld  Abd.  suteor  for  the  Laird  of  Udnie,  Wm  Blakhall 
maltman  suteor  for  the  Laird  of  Auchterellone  Mr  George  Bisset  suteor 
for  the  Laird  of  Toux  and  Petfour,  Alexr  Burnet  burges  of  Abd.  suteor 
for  the  Laird  of  Carveichin  &  Rattray  and  for  Balmaid  :  Johne  Craufurd 
Messinger  suteor  for  the  Laird  of  Brux  :  the  Laird  of  Balhagartie,  the 
Laird  of  Brackey  Middiltoune  :  for  the  Laird  of  Lessindrum  producit 
ane  actornay  :  and  for  the  Laird  of  Auchtercoull :  James  Tailzeour  suteor 
for  the  Laird  of  Boquhollie :  and  for  the  Laird  of  Bourtie  and  Craig, 
Alexr  Watsone  Messinger  suteor  for  the  Laird  of  Udoche  Cowpland 
presentit  ane  actornay  :  and  for  the  Laird  of  Cultir  &  Carnie  George 
Elphingstoune  suteor  for  the  Laird  of  Towie  Barclay  the  Laird  of 
Petcappill :  the  Laird  of  Glenkindie,  the  Laird  of  Madler :  and  he  to 
produce  his  halding  the  nixt  heid  court,  George  Wmsone  baxter  suteor 
for  the  Laird  of  Schethine  &  Orchartoune,  Gilbert  Thomesone  suteor  for 
the  Laird  of  Tilligounie :  Wm  Blakhall,  maltman  burges  of  Abd  suteor 
for  the  Laird  of  Blakhall :  Gilbert  Skeine  suteor  for  the  Laird  of  Auch- 
lewine,  Gilbert  Guthrie  suteor  for  the  Laird  Drum,  Johne  Barcar  suteor 
for  the  Laird  of  Skeine  &  the  Laird  of  Balnacraig  Chalmer  ;  Dauid  Aidie 
suteor  for  the  Laird  Echt :  Thomas  Burnet  burges  of  Abd  suteor  for  the 
Laird  of  Lenturk :  and  for  Waster  Corss.  Patk  Leslie  suteor  for  Alexr 
Skeine  of  Colquhorsie  :  Gilbert  Blak  cowper  burges  of  Abd  suteor  for  the 
Laird  of  Garnastoune,  the  Laird  of  Caskieben  and  for  Mr  James  Forbes 
of  Knappernay  for  his  lands  of  Wodland  and  Tillimad  :  Gilbert  Guthrie 

8 


Diet  Books:  Vol.  VL,  Illustrative  Example 

suteor  for  the  Laird  of  Barrache  :  Wm  Sengzeor  suteor  for  Wm  Leslie  of 
Litill  Follay :  Thomas  Dauidsone  suteor  for  Alexr  Spens  of  Boddum  : 
Wm  Kay  for  Johne  Leslie  of  Ardoyne  &  Buchanestoune :  Thomas 
Mollysone  suteor  for  Barnis  Forbes :  Thomas  Dauidsone  suteor  for 
Barnis  Leithe  :  Thomas  Dauidsone  suteor  for  Fynnerseis  Wod  :  Ronald 
Chessar  suteor  for  Wm.  Setoun  of  Disblair  for  his  pairt  of  Logieruif 

The  said  day  Gilbert  Reid  fiar  of  Litill  Drumquhenddill  producit 
ane  euident  &  charter  of  Confirmatioune  of  the  saids  lands  haldin  of  his 
Maiestie  quhairanent  the  Shreff  tuik  to  be  adwysit  quhill  the  heid  Zuill 
court  nixt  to  cum  quhilk  euident  be  tuik  upe  agane 

Andrew  Gray  suteor  for  the  Laird  of  Petsligo  him  self  absent  his 
said  suteor  protestit  he  suld  be  frie  In  respect  the  said  Laird  of  Petsligo 
as  he  allegit  had  ane  blenshe  halding  of  his  saids  landis  quhilk  he  was 
ordanit  to  produce  at  the  nixt  Michelmes 

The  laird  of  Iden  present  allegit  he  had  ane  blenshe  halding  of  his 
lands  quhilk  he  was  ordanit  to  produce  the  nixt  court 

The  said  day  the  Laird  of  Leslie  and  Edingairak  was  ordanit  to 
produce  his  euidents  of  the  saids  landis  the  nixt  court  quhow  the  same 
is  haldin 

The  said  day  the  Laird  of  Wardess  was  ordanit  to  produce  the 
haldin  and  Infeftment  of  his  lands  the  nixt  Court 

It  is  ordanit  In  all  tyme  cuming  that  na  member  of  Court  be  ane 
suteor ;  and  that  na  man  compeir  as  suteor  bot  for  thrie  barronis  at  the 
maist :  and  that  they  be  sufficient  qualifeit  personis  abill  to  pas  upone 
ane  assiss 

The  said  day  Wm  Duguid  of  Auchinhuiff  presentit  Williame  Barnet 
his  suteor 

Compeirit  Johne  Craufurd,  Messinger  as  suteor  for  Gordoune 

of  Halheid  quha  was  admitit  quhill  the  nixt  Michelmes  Court :  and  for 
the  Laird  of  Johnesleyeis  sic  lyke 

The  said  day  comperit  Johne  Leithe  of  Harthill  and  George  Leithe 
portionar  of  Bairnis  and  producit  Judiciallie  In  presens  of  the  said  nobill 
Lord  ane  discharge  grantit  to  thame  be  his  Lo/  of  thair  unlawis  be 
reasoune  of  thair  absens  In  thair  awin  personis  &  of  thair  suteors  frome 
the  heid  courts  of  the  said  Shrefdome  of  all  yeirs  preceiding  the  dait  of 
the  said  discharge  and  forder  In  tyme  cuming  Induring  his  Lo/  will  and 
plessour  quhilk  discharge  subscryuit  with  his  Lo/  hand  of  the  dait  at 
Tillichodie  the  threteine  day  of  August  the  yeir  of  God  Im  sex  hundrethe 
and  ane  yeirs :  The  said  Johne  Leithe  delywerit  In  his  Lo/  awin  hand  : 


Aberdeenshire  Sheriff  Court: 

and  acknawlegit  be  his  Lo/'  to  be  of  veritie  :  and  discharged  the  saids 
Johne  and  George  Leithes  of  thair  saids  unlawis  for  thair  absens  as  said 
is  fra  all  courts  preceiding  this  present  court  and  of  all  lettirs  &  chargis 
raisit  or  to  be  raisit  thairupone :  And  declarit  his  Lo/  will  was  that  they 
be  thame  selffis  and  thair  suteors  suld  keipe  the  saids  heid  courts  in  all 
tyme  cuming  sa  far  as  they  ar  astrictit  to  do  :  quhairupone  the  saids 
Johne  and  George  Leithes  tuik  and  askit  act  of  Court  and  Instrument 

Absentis 

Are-pus  St  Andree  D.p.et.s. 

Ab.  Aberbrothok  D.p.ets. 

Ab.  of  Kinloss  D.p.et.s. 

Pryor  of  Monymusk  D.p.ets. 

Minister  of  Trinitie  freirs  D.p.et.s. 

Rector  de  Kincardine  D.p.et.s. 

Co/  Errolli  D.p.et.s. 

Co/  Mariscalli  D.p. 

Co/  Buchanei  D.p.et.s. 

D.  Elphingstoun  D.p. 

D.  Glames  D.p.ets. 

D.  Sinclair  D.p.     James  Findlay  producit  ane  Ac- 

tornay  for  Dame  Elizabethe  Forbes  Ladie  Sinclair  and  George 
Hamiltoune  of  Blakburne 

D     de  Phillorthe  D.p.et.s. 

D     de  Maynie  D.p.ets. 
D     de  Fouereine      Andrew  Gray  his  sutior  present  quhilk  he  is  onlie 

obleist  to  do 

D     de  Streichine  D.p. 

D     de  Delgatie  D.p.ets. 

D     de  Drumbrek  D.p.et.s. 
D     de  Essilmont  et  Abirdour      D.p.ets. 

D     de  Comalegie  D.p.ets. 

D     de  Fortrie  D.p.        Jon    Lyndsey   his   seruitor   his 

suteor  present 

Compeirit  James  Mowat  and  producit  ane  Actornay  for  Alexr 
Keithe  of  Balmure  for  his  pairt  of  his  lands  of  Logiruif  and  Mostoune  : 
quha  was  admitit  suteor  for  him  to  the  nixt  Michelmes  Court,  him  self 
absent  &  the  rest  of  the  portionars  of  the  saids  lands  present 

D     de  Haddo  et  Meithlik  D.p.et.s. 

Constabill  of  Abd  D.p.et.s. 

D     de  Petfoddells  D.p.      Johne  Menzes  his  suteor  present 

D     de  Muchell  et  Staniewod  D.p.et.s. 

10 


Diet  Books:  VoL  VI.,  Illustrative  Example 

D     de  Beltie  Frassr  D.p.et.s. 

D     de  Tillihaikie  D.p.et.s. 

D     deLumphannandetCraigour  D.p.et.s. 
D     de  Perk  of  Cremond  D.p.et.s. 

D     de  Fischerie  D.p.      Thomas  Cuming   In  Auld   Abd 

compeirit  suteor  for  him 

The  said  day  the  haill  barrownis  and  friehaldars  aboue  wreittin 
absent  fra  this  court  being  the  heid  court  ar  amerciat  &  decernit  to  pey 
for  the  absens  of  ilk  ane  of  thame  selffis  and  for  thair  suteors  respective 
the  sowme  of  fiftie  pounds  Scottis  money  being  thrie  seuerall  tymes 
callit  at  the  tolbuithe  winddow  &  nocht  compeirand  lauchfull  tyme  of 
day  being  biddin  quhilk  was  gifin  for  dome  be  the  mouthe  of  Patk  Leslie 
dempster 

The  said  day  Mr  George  Bisset  mair  of  fie  of  the  said  Shrefdome 
presentit  Johne  Gordoune  in  Strathbogie  to  be  deput  to  him  quhome  the 
said  Shreffis  admitit  as  mair  deput  ay  and  quhill  he  was  dischargit 
lauchfullie  quha  acceptit  the  said  office  In  and  upone  him  &  gaiwe  his 
aithe  de  fideli  administratione  quhairupone  he  tuik  act  of  Court  and 
Instrument 

The  said  day  the  barrownis  and  friehaldars  under  writin  being 
convenit  within  the  tolbuithe  of  Abd  at  this  court  as  the  heid  Michelmes 
Court  according  to  the  ordinance  of  the  Act  of  Parliament  maid  anent 
the  electing  of  comissionars  of  small  barrownis  and  friehaldars  to  haif 
woit  In  Parliament  viz. 

Alexr  Irving  of  Drum  Magnus  Mowat  of  Boquhollie 

Jon  Urquhart  of  Craigfintray         Johne  Leslie  of  Wardess 
Alex  Gordoune  of  Cluny  Mr  Jon  Cheyne  of  Arnage 

Wm  Forbes  of  Tolquhone  Johne  Forbes  of  Brux 

Jon  Setoune  of  Meldrum  Johne  Leslie  of  Petcappill 

George  Jonstoune  of  that  Ilk         James  Gordoune  of  Knokaspak 
Pa  Gordoune  of  Kincraigie  Alexr  Cuming  of  Cultir 

Jon  Erskine  of  Balhagartie  Mr  George  Setoune  of  Barra 

Alexr  Skeine  of  that  Ilk  Jon  Forbes  of  Gask 

Jon  Gordoune  of  Craigie  John  Gordoune  of  Awachie 

Thomas  Meldrum  of  Iden 

Rot  Cowtis  of  Auchtercoull 

Quha  electit  and  chuisit  Johne  Leslie  fiar  of  Balquhane  and  the  said  Mr 
Johne  Cheyne  of  Arnage  thair  comissionars  coniunctlie  for  keiping  of 
Parliamentis  and  uthers  his  Maiesties  generall  conventionis  that  suld 
happin  to  be  befor  the  nixt  Michelmes  Court 


n 


The  Diet  Books:  Vol.  VIL,  J6034 

No  one  of  the  whole  series  is  more  unmistakeably  the  actual  original 
Diet  Book  of  Court,  for  the  time,  written  by  the  Clerk  in  Court,  than 
this.  It  contains  every  kind  of  business  civil  and  criminal,  but  it  has 
been  so  hastily  penned  that  few  of  the  books  are  more  difficult  to  read. 
A  few  leaves  are  evidently  wanting  at  the  beginning.  If  they  had  not,  it 
would  doubtless  have  been  found  that  the  first  entry  would  have  been 
that  of  the  Yule  Court  on  I  ith  January,  1603.  As  it  is,  the  earliest  date 
is  i6th  February.  The  latest  entry  is  a  mutilated  record  of  the  Michael- 
mas Head  Court  held  on  2nd  October,  1604.  The  fashion  of  the  entries 
on  ordinary  Court  days  is  on  the  same  principle  as  at  present,  except 
that  the  roll  is  not,  as  now,  classified  under  headings.  Fach  case  is 
separately  entered  in  the  body  of  the  page,  with  a  short  mention  of  the 
purpose  of  its  being  on  the  roll,  and  the  order  of  Court  is  then  briefly 
stated  on  the  margin  against  it.  Both  the  entries  in  the  roll  and  the 
marginal  notes  are  so  abbreviated  as  to  be  very  difficult  to  make  out. 
Interposed  between  the  entries  of  regular  proceedings  in  civil  cases  in 
Court  are  Acts  of  Caution, — some  of  them  signed — Criminal  trials, 
Services,  Transumpts,  Head  Courts,  and  what  is  a  special  feature  of  this 
particular  book,  Courts  of  Justiciary  for  the  trial  of  several  cases  of  what 
we  would  now  call  salmon  poaching. 

Most  of  the  proceedings  recorded  here  are,  for  the  period  to  23 
June,  1603,  transferred  in  more  full  and  accurate  form  into  the  Volume 
next  noticed  ;  but  some  are  not,  and  the  prosecutions  at  that  period  for 
fishing  salmon  in  the  Dee  and  Don  in  close  time  already  referred  to, 
would  have  been  lost,  apart  from  the  existence  of  this  very  rough  record 
of  them. 

There  are  some  half-dozen  of  such  cases,  the  bench  consisting  of 
John  Gordon  of  Bogs  the  Sheriff  depute,  Provost  Alexander  Rutherford 
of  -Rubislaw,  and  one  or  more  of  the  Baillies  of  Aberdeen  sitting  as 
Justiciars  specially  constituted  in  terms  of  Act  of  Parliament.  The 
accused  were  tried  by  juries  whose  numbers  apparently  varied  from  13  to 
25.  In  some  of  the  cases  the  numbers  charged  with  the  slaughter  or 


12 


Diet  Books:  Vol.  VH,  16034 

receipt  of  black  fish  in  forbidden  time  is  so  great  as  to  suggest  that  the 
whole  male  inhabitants  of  a  district  were  engaged  in  it. 

Some  surprise  and  disappointment  was  caused  to  the  writer  by  the 
discovery  that  very  few  examples  of  criminal  trials  were  to  be  found  in 
these  records.  In  some  of  the  books,  especially  those  which  are  found 
soon  after  this  date  containing  judicial  enactments,  there  are  numerous 
Acts  of  Caution  to  enter  accused  persons  for  trial  ;  but  of  trials  in  the 
1 6th  and  I7th  centuries  almost  none  are  found  except  in  this  volume  and 
one  or  two  others. 

Fortunately  we  have  here  several  examples  of  these  and  of  the 
various  punishments  which  were  inflicted — decapitation,  hanging,  drown- 
ing, scourging  and  banishment  from  the  county.  In  no  case  has  a 
smaller  number  than  15  been  found  on  a  jury,  but  in  one  case  23.  On 
one  occasion  only  13  jurors  attended,  and  the  case  was  adjourned.  In 
the  one  reported  case  of  decapitation  the  crime  was  really  murder — 
though  entitled  manslaughter  of  fore  thought — which  was  one  of  the 
pleas  of  the  Crown  and  could  only  be  tried  by  the  Sheriff  when  the 
culprit  was  taken  and  brought  before  him  red-handed.  These  conditions 
were  satisfied  on  this  occasion,  inasmuch  as  the  crime  was  committed  in 
the  Gallowgate  on  Sunday,  28  July,  1604,  and  the  trial  took  place 
on  the  following  day.  The  perpetrator,  whom  the  Sheriff  depute 
"  ordanit  to  have  his  heid  tane  aff,"  was  Robert  Guild,  "  son  naturall  to 
umqll  Wa  Guild  armorar,"  and  therefore  in  all  probability  a  near  kinsman 
of  the  well  known  Dr.  William  Guild,  principal  of  Marischal  College,  of 
Jameson  the  Artist,  and  of  the  Gregories.1 

It  may  be  further  noted  that  this  is  the  earliest  book  in  which  any 
record  of  the  sittings  of  the  Sheriffs  Fiars  Court  are  found. 


I  According  to  the  Jameson  Pedigree  in  Mr.  John  Bulloch's  Biography,  William  Guild 
(probably  the  person  here  mentioned)  the  son  of  Matthew,  and  the  elder  brother  of  the  Principal, 
met  a  violent  death  in  1584. 

13 


Table  of  Contents  of  Vol.  VIL  of  Diet  Books 

1603. 

Febry.  22.  Sheepstealing,  &c.     John  Kid,  indweller  in  Auld  Abd.  and  John  Litiljohne  at 

Justice  Mills,  were  charged  with  Sheepstealing,  &c.  There  were  eight  charges  against 
Kid  and  five  against  Littlejohn  besides  the  charge  of  being  "commone  theiffis  and 
briganes"  which  applied  to  both.  Being  found  guilty  of  most  of  the  charges  the 
sentence  is  thus  entered  : — "The  Shreff  ordanit  the  saids  persones  to  be  drownit  foir 
thair  demereits."  The  jury  numbered  23,  all  living  near  the  places  where  the  different 
acts  were  said  to  have  been  committed,  and  the  verdict  was  signed  by  Henry  Mowtray 
in  Perwinnes,  the  Chancellor. 

23.  Housebreaking.      Isobell  Robertsone,  natural  daughter  of  Henry  Robertsone, 

confessed  that  she  and  one  Meatie  Boige  had  been  put  in  at  house  windows  to  steal. 

March  2.  Removing.     Mr.  Alexander  Setoune  v.  John  Mowat  at  the  Mill  of  Kindrocht. 

Mr.  Setoune  borrowed  up  his  Sasine  and  signed  receipt  in  the  Diet  Book. 

5.  Housebreaking.     The  son  of  John  Porteous,  dwelling  at  the  Abbey  of  Deir,  and 

Janet  Gumming,  his  wife,  were  charged  with  housebreaking,  &c.  The  record  bears  that 
the  accused  were  charged  on  dittay  given  up  by  George  Frenche  in  Cuithill,  a  private 
prosecutor.  In  this  case  there  were  15  of  a  jury,  obviously  selected  from  the  immediate 
neighbourhood  of  the  alleged  crimes,  the  Chancellor  (who  signs)  being  John  Dalgard- 
nocht  in  Deir.  There  was  a  conviction  on  three  points  of  dittay  and  of  the  charge  of 
habit  and  repute,  and  the  sentence  against  the  accused  and  their  family  was  banishment 
from  the  Sheriffdom,  under  pain  of  hanging  of  the  man  if  he  came  back,  which  he  was 
made  to  swear  solemnly  he  would  never  do. 

8.  Assault— Blood-drawing.      Walter  Woid  of  Fetircarne,  for  whose  appearance 
this  day  Mr.  Duncan  Forbes  of  Bannagask  had  become  surety,  was  charged  with  the 
hurting,  wounding  and  blood-drawing  of  Wm.  Gray,  his  servant.  As  neither  the  accused 
nor  his  cautioner  appeared  "my  Lord  Shreff  deput "  ordained  the  latter  to  be  fined 
according  to  the  Act  of  Parliament. 

9.  Theft — Failure  to  Prosecute.     Wm.  Wat  in  Glenkyndie,  for  whose  appearance 
this  day  Wm.   Straquhan  of  Glenkyndie  had  become  surety,  had  been  charged  with 
stealing  a  doublet  from  a  servant  of  Mr.  John  Cheyne  of  Petfichie.     In  addition  to  the 
absence  of  a  prosecutor,  it  was  avowed  by  one  Patrick  Gordon  at  the  Kirk  of  Cluny,  who 
was  in  Court,  that  he  had  taken  the  doublet  and  that  it  was  his  own  at  the  time  he  took 
it.     Case  continued  until  new  citation. 

April  15.  Assault — Act  of  Caution.  Adam  Joffray  in  Corteyis.  Mr.  Wm.  Reid  [a 
procurator  of  court]  became  bound  to  enter  Joffray  for  trial  on  a  charge  of  "  striking 
and  dinging  of  John  Symsone  messinger "  and  also  that  his  arrested  geir  should  be 
forthcoming. 


Diet  Books:  Vol.  VH,  Contents 

1603. 

April  15.  Mill  Multures.     John  Leyth  apparent  of  Harthill  v.  the  late  Duncan  Lesly  of 

Petcaple,  Geo.  Lesly  of  Auldcraig,  Win.  Lesly  of  Tocher,  James  Stewart  of  Rothmaisi 
James  Arbuthnot  and  their  colleagues.  The  Pursuer  granted  and  signed  a  receipt  in 
the  Diet  Book  to  the  effect  that  he  had  "resauit  furthe  of  proces  his  haill  writtis  con- 
tenit  within  tua  [?]  Traistis  producit  be  him  and  his  procuratours." 

1 6.  Assault — Blood-drawing.       Paul    Ray   in    Belhelvie   v.    Andrew    Sangster  in 

Bannakettill  were  charged  with  Assault,  &c.  Both  accuser  and  accused  gave  the  oath 
of  calumny  that  their  cause  was  just  and  the  case  was  continued  for  trial,  Wm.  Forbes 
of  Tolquhon  being  cautioner  for  Sangster's  appearance  under  a  penalty  of  .£40.  On 
25  May  accused  appeared  but  no  accuser,  the  case  having  been  settled. 

May  4.  Assault— Blood-drawing.     The  Procurator  Fiscal,  Leslie  of  that  ilk  and  others 

v.  Bartholl  Leslie  and  others.  James  Hervie,  son  of  Andrew  Hervie  of  Elrik,  who  had 
become  cautioner  to  enter  the  accused  for  trial,  did  not  appear,  and  was  fined,  with  the 
saving  clause  that  if  he  entered  them  on  31  July  he  would  be  free.  On  the  margin 
opposite  this  entry  there  is  written  "  Penultimo  July  1603  The  Shreff  finds  this  act 
satisfeit  and  absoluis  the  cautioner  from  the  unlaw  for  nocht  entering  of  the  party.  J. 
Gordone  Shref  deput  of  Abirden."  (  Vide  pp.  35,  45  infra.) 

June  30.  Invading  Dwelling-house.     The  Procurator  Fiscal  (Mr.  Wm.  Barclay),  Andrew 

Leslie  in  Balhaggartie  and  John  Erskine  his  servant  v.  Thomas  Smithe  Merchand, 
Ardlathin,  for  whose  appearance  George  Hay  of  Ardlathin  was  cautioner.  The  accused 
was  charged  with  the  armed  invasion  of  a  dwelling  house  under  cover  of  night 
and  with  wearing  fire-arms,  shooting  at  and  wounding  a  man.  The  Fiscal 
departed  pro  loco  et  temporc  from  the  charges  other  than  that  of  "beiring,  wering  and 
useing  of  pistollis,"  with  regard  to  which  Andrew  Leslie  appeared  as  informer  and  took 
the  oath  of  calumny.  A  jury,  all  drawn  from  the  immediate  neighbourhood,  was 
impannelled,  but  the  trial  was  not  proceeded  with  and  the  jury  were  continued. 
Thereafter  Thomas  Smith,  the  accused,  offered  to  submit  to  the  decision  of  Mr.  Richard 
Irving  of  Hiltoun,  the  Sheriff  depute,  whose  decision  should  be  final  as  to  the  amount 
which  he  should  pay  to  John  Erskine,  whom  he  had  wounded.  Mr.  Irvine  accepted 
the  reference,  his  decision  to  be  given  before  14  July,  and  accused  found  caution  for  500 
merks  to  appear  on  that  day.  On  that  day  letters  of  advocation  were  produced,  and 
on  23  July  Patrick  Forbes,  burgess,  was  cautioner  in  500  merks  for  Smith's  appearance 
should  the  case  be  remitted  back  to  the  Sheriff  Court. 

July  6.  Judicial  Confession.     Patrick  Dunbar  sometime  of  Sanchar  appeared,  and  on  the 

plea  that  he  wished  to  disburden  his  conscience,  stated  that  some  ten  years  before  he 
had,  at  the  request  of  Sir  George  Ogilvy  of  Dunlugus,  signed  and  delivered  to  the  latter 
in  Sir  George's  house  at  Banff  eight  "blankis,"  which  were  designed  to  be  filled  up  for 
the  benefit  of  Patrick's  son  Walter.  Dreading  that  these  might  have  been  used  to  the 
prejudice  of  rights  granted  by  him  and  his  late  wife,  Elspet  Ogilvy  to  the  late  Mr. 
Thomas  Mengzeis,  of  the  third  part  of  Durne  and  third  part  of  Bogmochillis,  or  to 
securities  made  by  him  to  the  late  James  Dunbar  of  Tarbet,  he  made  this  declaration 
and  confession.  Thomas  Mengzeis  of  Durne  was  present  in  Court,  and  Dunbar  and 
John  Gordone  of  Boggis,  the  Sheriff  depute,  both  signed  the  entry. 


Aberdeenshire  Sheriff  Court: 

1603. 

July  7.  Carrying  and  Using  Fire-arms.    Thomas  Gilpatrik,  for  whom  Thomas  Adam- 

sone  had  been  cautioner,  were  charged  with  carrying  and  using  fire-arms.  Gilpatrik 
appeared  and  Adamsone  was  declared  free  of  his  cautionery.  The  accused  was  then 
bound,  under  pain  of  ^ICXXD,  to  appear  and  take  his  trial  upon  six  days'  notice  if  within 
the  realm  when  cited. 

23.  Theft.    James  Nicoll,  charged  with  theft,  was  banished  from  the  Sheriffdom  and 

to  be  hanged  without  trial  if  he  returned. 

28.  Nature  of  Action  not  disclosed.      John  Erskyne,  fiar  of  Balhaggartie  v.  Walter 

Mernis  in  Innerramsay.  Defender  offered  defences,  but  on  Pursuer's  Procurator  pro- 
ducing a  horning  against  him  decree  was  pronounced. 

Augt.  6.  Nature  of  Action  not  disclosed.     The  Earl  Merschell  and  Alexr.  Keyth  v.  Andrew 

and  Alexr.  Fettes.  After  a  dispensation  for  proceeding  in  time  of  harvest  had  been 
produced,  commission  was  granted  to  the  Sheriff  Clerk  and  his  depute  to  act  as  Sheriff 
depute  and  Sheriff  Clerk  to  take  the  oaths  of  the  Pursuers  at  Fetteresso. 

Tutory.  By  gift  under  the  Quarter  Seal  dated  28  July  John  Andersone  in  Dennis 
had  been  appointed  Tutor  Dative  to  John,  Jellis  and  Margaret  Jamesone,  lawful  children 
of  James  Jamesone  at  the  Mill  of  Bruxie.  He  now  took  the  oath  and  found  Wm.  Jack, 
Notary  Public  in  Deir,  as  cautioner  for  him. 

10.  Cognition.      John   Gordone   of  Tillaquhowdie   v.    Robert   Carnegy  of   Waster 

Kincardin.  The  Pursuer  produced  his  Sasine  of  Tillaquhowdie  and  Outseat  of  croft 
called  Tillibrein  in  the  Barony  of  Aboyne,  dated  23  Novr.  1 60 1  and  duly  registered. 
Notary  Alexr.  Middletoun.  On  an  objection  that  it  was  vacation,  the  Pursuer  produced 
a  dispensation,  whereupon  defences  were  ordered  to  be  lodged  next  day.  On  the  case 
being  then  called  the  Defender,  now  designed  of  Kirktoune  of  Aboyne,  produced 
Letters  of  Advocation. 

20.  Lawborrows.     Patrick  Irving  v.  John  Ross  of  Auchlossin,  Robert  his  son,  and 

Patrick  Ross,  son  of  Nicoll  Ross,  Yr.  of  Auchlossin.  NicoH  Ross  became  cautioner 
that  complainer  should  be  kept  harmless. 

26.  Lawborrows.     The  Rosses  as  above  and  others  v.  Patrick  Irving.    John  Irving 

of  Artamfurd  was  cautioner  for  Patrick  Irving. 

Septr.  3.  Lawborrows.      Patrick  Irving  v.  Peter  Irving  in  Carnbady,  Andrew  Farquhar 

there,  Wm.  Downie  in  Hiltoun,  and  a  number  of  others  (names  and  designations 
almost  illegible).  Nicol  Ross  was  cautioner  here. 

Octr.  4.  Charge  of  Murder.     Gilbert  Sym,  at  the  Mill  of  Fouern,  was  under  accusation 

of  murdering  Wm.  Elmsly,  son  of  the  late  James  Elmsly  in  Mynnes.  He  now  produced 
his  alleged  victim  in  Court,  who  being  identified  on  oath  by  his  own  mother,  Sym  was 
declared  innocent. 

5.  Removing.     Wm.  Keyth  of  Pettindrum  v.  Alexr.  Forbes  of  Gellan  and  others. 

This  day  had  been  assigned  for  the  defenders  to  find  caution.  Decree  passed  in  respect 
of  their  failure  to  do  so. 

16 


Diet  Books:  Vol.  VII.,  Contents 

1603. 

Novr.   8.  Decree  for  Rent.     John  Gordoun  of  Carneburrow  v.  John,  George,  and  Thomas 

Conan  in  Ballantimoir  in  Glenbucheat.  John  Conan  confessed  that  he  was  due  for  a 
quarter  lands  of  Ballantimoir  crops  1600-1-2,  310  merks.  George  for  another  quarter 
admitted  445  merks  for  crops  1599-1600-1-2,  while  Thomas  admitted  for  half  a  quarter 
210  merks  for  crops  1600-1-2. 

Decree  for  Price  of  Grain.  John  Gordoun  of  Carneburrow  as  assignee  of 
Thomas  Gordoun  of  Arclache  z>.  John,  George,  and  Thomas  Conan  in  Ballantimoir. 
Each  defender  admitted  being  due  80  merks  for  corns  bought  and  received  from  Thomas 
Gordoun. 

9.  Action  of  Cognition.     Wm.  Forbes  of  Monymusk  v.  Wm.  P'orbes  of  Corsindey. 

The  Pursuer  produced  (i)  Sasine  of  the  Barony  of  Monymusk  and  burgh  thereof,  dated 
7  March  1588  ;  Notary  Mr.  Robert  Youngson.  (2)  Sasine  of  the  lands  of  Inver, 
Ardneidlie,  Petmovny  and  Over  mill  of  Monymusk,  dated  8  March,  1590  ;  Notary 
James  Murray.  And  (3)  Sasine  of  Abirsnuthak,  Tombeg,  Dillab  and  Tillaquhorie, 
dated  14  June  1589  ;  Notary  Mr.  James  Forbes.  On  his  behalf  a  motion  was  made  to 
remit  to  a  jury.  The  Defender  on  the  other  hand  asked  the  Sheriff  to  assign  him  a 
diet  for  lodging  defences.  To  this  the  Pursuer  objected  and  produced  a  horning  at  the 
Pursuer's  instance  against  the  Defender  duly  registered  and  executed.  The  Sheriff 
having  ordered  the  horning  to  be  there  and  then  seen  by  the  Defender,  objections  were 
taken  and  answered.  In  the  end  the  Sheriff  admitted  the  libel  to  the  knowledge 
of  an  assize. 

Deer.  14.  Judicial  Ratification.  Isobell  Rossy,  wife  of  Patrick  Butter  of  Elrick,  ratified  a 
Contract  made  in  1602  between  her  husband  and  George  Gordoun,  fiar  of  Gicht,  and 
Disposition  of  the  lands  called  the  Ward  of  Kinmundy  in  the  parish  of  St.  Machar  and 
Sasine  following  thereon. 

20.  Judicial    Ratification.      Agnes  Straquhan,  wife  of  John  Gordoune  of  Brekay, 

ratified  a  conveyance  of  the  lands  of  Brekay  and  Glassache  in  Logiedurno  and  Inverurie 
in  favor  of  James  Gordoune  younger  of  Brekay  and  Sara  Leslie,  his  intended  wife,  in 
conjunct  fee  and  liferent,  in  terms  of  their  marriage  contract. 
1604. 

Jany   10.  Assault— Blood-drawing.     Allister  Tailzeor  in  Lynardoche  v.  Allister  Tallzeor 

in  Coull.  The  accused  having  sworn  that  he  could  not  find  caution  to  appear  was 
simply  bound  down  to  appear  on  Candlemas  Even.  When  the  case  was  called  on 
Febry.  I  the  Pursuer  of  the  blood  produced  two  witnesses,  who  were  both  repelled  and 
accused  bound  over  to  appear  on  22  Febry. ,  under  pain  of  £40.  The  assault  was  said 
to  have  been  committed  "with  ane  durk  upone  the  left  paipe  in  the  moneth  of  Julii 
last." 

Lawborrows.     Jas.  Chessor  v,  Alexr.  Tailzeor.     Cautioner  James  Hall. 

12.  Curatory.     Wm.  Chalmer,  son  and  heir  of  the  late  Mr.  Wm.  Chalmer,  portioner 

of  Disblair.  The  next  of  kin  called  were  John  Chalmer  of  Balbithane,  George  Chalmer, 
fiar  of  Balbithane,  Charles  Chalmer  of  Tillikirie,  Henry  Chalmer  of  Buchanstoun  and 
John  Lesly  of  Petcapill.  The  minor  chose  John  Chalmer,  elder  of  Balbithane,  for 
whom  Alexr.  Gordoun,  elder  of  Lesmoir,  became  cautioner. 

C  I7 


Aberdeenshire  Sheriff  Court: 

1604. 

Febry.  23.  Killing  Salmon  in  Forbidden  Time.     This  is  the  first  of  a  number  of  prosecu- 

tions noted  in  this  volume.  The  Courts  were  held  by  jusliciars  appointed  for  the 
purpose,  of  whom  a  Sheriff  depute  was  always  one  and  first  named.  In  this  instance 
Provost  Alexander  Rutherford  of  Rubislaw  and  Baillie  Wm.  Lowsone  were  the  others. 
A  large  number  of  persons  in  Kincardine  o'Neil,  Birse,  and  therabouts  were  accused. 
All  the  accused  who  appeared  were  acquitted.  By  far  the  greater  number  did  not 
appear  and  were  decerned  fugitive,  and  ordained  to  be  put  to  the  horn.  At  the  head 
of  the  latter  list  was  John  Burnat  of  Sluye. 

24.  Killing  Salmon  in  Forbidden  Time.     The  accused  in  this  case  were  fewer  and 

chiefly  from  near  Aboyne,  among  them  being  John  Gordoune  of  Tillaquhoudy  and 
Robert  Carnegy  of  Kirktoun.  Wm.  Troup  of  Balnacrag  pleaded  guilty,  and  had  to 
find  caution  to  pay  his  unlaw  and  also  for  his  tenants  and  servants  behaviour  under 
penalty  of  ^100.  Those  who  did  not  appear  to  be  put  to  the  horn. 

Killing  Salmon  in  Forbidden  Time.  Andrew  Davidson  in  Belvad  appeared 
separately,  pleaded  guilty,  and  was  fined,  for  payment  of  which  and  his  future  good 
behaviour  Robert  Steuart,  burgess  of  Abd.  was  cautioner  under  penalty  of  £40. 

March  10.  Killing  Salmon  in  Forbidden  Time.  In  this  case  about  100  persons  were  cited 
from  Nether  Dee  and  Feugh  sides.  Some  were  acquitted,  some  convicted,  and  those 
who  did  not  appear  declared  fugitives  and  denounced  to  the  horn.  Among  those 
convicted  were  John  Burnat  of  Sluie  and  four  other  Burnats.  There  were  also  three 
Straquhans.  The  jury  numbered  25,  of  whom  part  were  from  Aberdeen  and  the  others 
from  Deeside.  Among  the  latter  were  John  Irving  of  Kincowsy  (Chancellor),  John 
Collistoun  of  Auchloonies,  John  Irving  of  Sunnyside,  Robert  Hog  of  Gellane,  Alexander 
Davidsoune  of  Brigend.  For  a  good  many  of  those  convicted  caution  was  found,  and 
among  the  cautioners  were  several  of  the  jury.  For  Burnat  of  Sluie  and  Alexr.  Burnat 
younger  of  Kinneskie,  Alexr.  Joffray,  burgess,  was  cautioner.  Four  Baillies  were  on 
the  bench  in  addition  to  the  Sheriff  depute  and  Provost,  viz.  :  David  Menzeis,  David 
Rutherford,  Thomas  P'orbes  and  William  Lowsone. 

13.  Killing  Salmon  in  Forbidden  Time.     A  number  of  persons  on  Upper  Deeside, 
Glenmuick  and  Glengairn  were  accused  on  this  occasion,  but  some  pages  were  left  blank 
to  complete  entry  and  never  written  up. 

14.  Lawborrows.      John  Smith  in  Maryculter  v.  David  Kempt  Baxter,  burgess  of 
Abd.     Cautioner  Mr.  Andrew  Clerk. 

17.  Special  Service.    {Inq.  Spec.  Abd.  No.  93.)    George  Meldrum,  elder  of  Ardfork, 

as  heir  of  entail  to  George  Meldrum,  younger  of  Ardfork,  his  son.  Shadow  half  lands 
of  Ardfork  in  Bethelny.  Held  of  George  Meldrum,  elder,  in  feu  farm.  In  non-entry 
since  death  of  predecessor  in  Septr.  1603. 

19.  Fiars  Court.     The  earliest  found.     The  jury  are  here  called  "famous  witnesses." 

18 


Diet  Books:  Vol.  VIL,  Contents 

1604. 

March  21.  Assault— Blood-drawing.      John  Watsone,  Lax  fisher  in  Auld  Abd.  v.  Adam 

Banerlay  in  Auld  Abd.,  Agnes  Chalmer  his  wife,  and  Alexr.  and  Patrick  Barnat  there. 
(et  e  contra).  Bauerlay  produced  an  act  of  the  Court  of  Auld  Abd.  proving  that  he  had 
been  convicted  of  the  offence  by  the  Baillies  there  ;  but  the  Sheriff  depute  ignored  it, 
and  convicted  Bauerlay  and  the  Barnats  and  fined  them  ^'10  and  each  to  pay  5  merks 
to  Watsone.  The  mutual  complaints  of  Watsone  and  the  woman  were  continued  for 
new  citation. 

May  5.  Assault— Loss  of  Life.      The  Fiscal  and  Wm.  Toshie  in  Collestoune  v.  John 

Duncane  in  Fingask.  Duncan  was  charged  with  "  the  ere  wall  and  unmercifull  dinging 
striking  and  blude  drawing  of  the  said  umquhill  Margaret  (Margaret  Toshie  the 
daughter  of  the  private  prosecutor)  in  diuers  pairts  of  hir  body  and  casting  of  hir  perforce 
ouer  ane  kill  be  occasione  of  the  quhilk  scho  is  departit  this  present  lyiff"  in  Novr. 
1603.  The  jury,  all  from  the  Oldmeldrum  neighbourhood,  acquitted  the  accused. 

Forestalling.  John  Lesly,  Skynner  in  Kyntor,  for  whom  Wm.  Forbes  in 
Auchquhorsk  was  surety  that  he  should  appear  and  take  his  trial  on  10  May  under 
penalty  of  £100.  On  10  May  Wm.  Forbes  and  Mr.  Wm.  Reid  became  cautioners  for 
300  merks  that  Lesly  should  appear  on  12  May,  which  he  did,  and  was  discharged  in 
the  absence  of  a  prosecutor. 

Troubling  a  Court.  Alexr.  Lesly  in  Auld  Rayne  and  James  Elphynstoun  in 
Auld  Craig,  for  whose  entry  Andrew  Lesly  in  Balhaggartie  and  Mr.  Robert  Elphyns- 
toun, Tutor  of  Glak  were  respectively  cautioners.  The  accused  were  charged  with  "  the 
allegit  troubling  of  ane  court  be  stricking  of  utheris,  drawing  of  wappownis  and  con- 
vocating  of  parteis  in  tyme  of  the  execution  of  James  Muresoun  quha  was  execute  for 
thift  upon  the  xiiij  day  of  Apryll  last."  The  accused  appeared  and  the  cautioners  were 
freed.  On  the  case  being  continued  to  10  May,  John  Leyth  of  Edingarrah  became 
cautioner  for  Lesly,  and  the  Tutor  of  Glak  for  Elphynstoun,  each  under  pain  of  50x5 
merks.  For  the  relief  of  Edingarrah  John  Leyth  in  Newtoun  was  cautioner,  while  the 
laird  of  Harthill  bound  himself  to  relieve  the  Tutor.  On  IO  May  the  accused  appeared 
and  the  cautioners  were  freed,  and  nothing  more  is  entered  about  the  case. 

16.  Deforcement.     Mr.  Wm.  Barclay,  Procurator  Fiscal,  and  George  Barclay,  Mair 

depute  v.  John  Forbes  of  Tillikerrie.  Mr.  James  Irving,  Minister  at  Touche,  and 
Robert  Farquhar  at  Touche  were  admitted  and  sworn  as  witnesses ;  but  several 
witnesses  put  forward  were  objected  to  as  tenants  to  the  laird  of  Balhaggartie,  who  was 
said  to  have  some  interest.  The  Sheriff  took  the  matter  to  avizandum  until  30  May, 
but  no  further  entry  found. 

23.  Assault— Blood-drawing  and  Mutilation.  Thomas  Pirie  at  the  Mill  of  Arnage 
v.  John  and  David  Cormaks  at  the  Cobill  of  Kynnarachie.  Case  continued  until  23 
June,  but  no  further  entry  has  been  found. 

Assault— Blood-drawing.  Girsall  Mure  v.  George  Beanis  in  Petgirscho  and 
Isobell  Udnie,  his  wife.  The  accused  were  assoilzied  by  virtue  of  their  oaths. 

Assault — Blood-drawing.  Girsall  Mure  v.  James,  George,  John  and  Isobell 
Udnie  in  Petgirscho.  The  accused  did  not  appear  and  were  fined. 

19 


Aberdeenshire  Sheriff  Court: 

1604. 

May  23.  Manslaughter.     Gilbert  Forbes  in  Carnehill  was  accused,  for  whose  entry  Mr. 

Wm.  Reid  became  cautioner  under  penalty  of 


26.  Theft  and  Reset  of  Theft.  George  Pratt  in  Annoquhy,  for  whom  Arthur 
Johnstoun  in  Carnebrogie  was  cautioner.  The  charge  was  for  certain  capital  crimes  of 
theft  and  reset  of  theft.  As  neither  appeared,  the  cautioner  was  fined  ^100  and  the 
accused  put  to  the  horn  and  all  his  moveable  goods  escheat. 

June  4.  Decree  of  Transumpt.    John  Setoun  of  Auchquhortie  v.  Geo.  Meldrum  some- 

time of  Fyvie,  son  and  heir  of  the  late  Wm.  Meldrum  of  Fyvie,  and  Andrew  Meldrum 
of  Tullicarne,  son  of  the  late  Patrick  Meldrum  of  Auchquhortie  and  all  others  having 
interest.  The  following  series  of  Deeds  embracing  Auchquhortie,  Tullycayrne  and  old 
Mill  of  Tullyelt  in  the  Barony  of  Tarves  and  Regality  of  Abirbrothok,  viz.  :  (i)  Charter 
granted  by  George,  Lord  Gordone,  heritable  feuar  of  the  Barony  of  Tarves,  in  favor  of 
Wm.  Meldrum  of  Fyvie,  son  and  heir  of  Sir  George  Meldrum  of  Fyvie  and  his  heirs 
male,  lairds  of  Fyvie,  dated  at  Aberdeen  27  May  1559  before  witnesses  John,  Earl  of 
Sutherland,  John  Lesly  of  Balquhane,  Sir  George  Gordone  of  Shewes,  James  Gordone 
of  Methlik,  John  Gordone  of  Carneburrow,  Mr.  John  Lesly,  Rector  de  Minibus,  Mr. 
John  Watsone,  Rector  of  Clatt,  Mr.  John  Kennedy,  Notary,  and  Sir  Wm.  Meldrum, 
Chaplain.  (2)  Instrument  of  Sasine  under  the  hand  of  James  Currour,  Notary,  dated 
9  June  1559,  proceeding  upon  precept  signed  at  Huntly  on  30  May  1559  before  wit- 
nesses James  Gordone  of  Haddoch,  James  Gordone  of  Petryche,  James  Gordone  in 
Eister  Migvie  and  others.  (3)  Precept  of  Clare  Constat  by  George,  Earl  of  Huntly  in 
favor  of  George  Meldrum  of  Fyvie  as  son  and  heir  of  Wm.  Meldrum  of  Fyvie,  dated  at 
Huntly  i  June  1593  before  witnesses  Andrew  Meldrum  of  Fyvie,  Mr.  Robert  Lesly  of 
Auldcraig,  Wm.  Meldrum  of  Badinscot  and  Mr.  Robert  Paip,  burgess  of  Aberdeen. 
(4)  Charter  of  confirmation,  George,  Marquis  of  Huntly  to  Andrew  Meldrum  of  Tulli- 
carne &  Violet  Cheyne,  his  wife,  and  the  longest  liver  in  conjunct  fee  and  liferent  and 
their  heirs  male,  dated  "apud  vicum  canonicorum  prope  Edinburgum  "  5  April  1604 
before  witnesses  Sir  Thomas  Gordone  of  Cluny,  Wm.  Gordone  of  Geicht,  John  Gordone 
of  Carneburro,  James  Gordone  of  Knokespak  and  John  Chalmer  in  Drumbulg  with 
divers  others.  These  all  signed,  the  laird  of  Cluny  signing  his  territorial  designation 
only,  "  Cluny." 

9.  Theft  and  Habit  &  Repute.     James  Thomsone,  son  of  Thomsone  in  Kildrym- 

mie,  was  sentenced  to  be  drowned. 

13.  Manslaughter.     Thomas  Watsone  in  Murcour,  for  whose  entry  Thomas  Cuming, 

burgess,  was  surety.  Mr.  Wm.  Reid,  substitute  to  Mr.  Wm.  Barclay,  Procurator  Fiscal, 
prosecuted.  The  person  alleged  to  have  been  killed  was  Alexr.  Henrie  in  Murcour. 
A  jury  was  impannelled,  but  as  there  were  only  14  the  case  was  put  off  for  three  days, 
when  the  accused  was  acquitted.  Almost  every  one  of  the  jurors  were  from  the 
immediate  neighbourhood,  and  Thomas  Cuming,  the  cautioner  for  accused,  was  one  of 
them.  The  crime  was  said  to  have  been  committed  12  years  before. 

Appointment  of  Mair  Depute.     John  Chalmer  in  Auld  Abd.  was  admitted  and 
sworn. 

20 


Diet  Books:  Vol.  VIL,  Contents 


1604. 

June  22.  Removing.     Wm.  Allane,  burgess  of  Abd.   v.  Andrew  Hervy  of  Elrik,  Janet 

Erskyne  his  spouse  and  James  Hervy  their  son,  and  also  John  Hendersone,  Wobster 
and  others.  The  Pursuer  claimed  to  be  heritable  proprietor  of  Karnefeidill  (?  Cairn- 
field  or  Cairnfold)  and  manor  place  thereof,  occupied  by  the  Hervys,  and  of  Denistoun, 
Corthybuk  and  others  in  the  parish  of  St.  Machar  in  virtue  of  a  Sasine  dated  6  Octr. 
1602  under  the  hand  of  Mr.  Wm.  Chalmer,  notary  public.  For  John  Leang  and 
Margaret  Thornetoun  his  wife,  who  desired  to  be  admitted  to  defend,  a  Sasine  of  24 
oxgait  of  Denstoun  was  produced,  dated  22  March  1602,  also  under  the  hand  of  Mr. 
Wm.  Chalmer.  Defences  were  ordered  on  the  following  day.  Decree  was  pronounced 
on  I  August. 

23.  Manslaughter.      James  Innes  of  Ardgrayne,  for  whom  Patrick  Cruikshank  in 

[?]  Ardufrie  was  cautioner.  The  charge  against  Innes  was  the  slaughter  of  Alexr.  Pettin- 
dreich,  his  servant,  and  the  cautioner  was  bound  under  pain  of  500  merks  to  enter  him 
on  3  July,  and  also  to  make  his  moveable  effects  forthcoming.  On  3  July  the  case  was 
continued  to  30  July,  under  the  same  penalty,  Robert  Cruikshank  in  North  seat  of 
Oykhorne  becoming  cautioner.  On  30  July  no  one  appeared  to  prosecute  and  the  case 
dropped. 

Manslaughter.  Gilbert  Forbes  in  Wateritchemure,  for  whom  Mr.  Wm.  Reid 
was  cautioner  that  he  should  take  his  trial  on  31  July,  for  the  slaughter  of  Katherine 
Wawan  under  penalty  of  ,£100. 

Violent  Profits.  Thomas  Atholl  in  Futie  v.  Wm.  Walls  in  Futie,  for  whom  Wm.. 
Cruickshank  in  Cottoun  was  cautioner.  Caution  of  30x3  merks  renewed  until  "  Lambes 
ewin." 

Appointment  of  Mair  Depute.  Mr.  George  Bissat,  Mair  of  Fee,  presented  Wm. 
Downy  in  Hiltoun  as  Mair  deput  during  pleasure,  and  the  Sheriff  admitted  him,  Bissat 
taking  caution  of  Downy. 

Mutilation  and  Dismembration.  Wm.  Cultis  in  Overclune.  For  not  appear- 
ing to  underly  the  law  for  this  offence,  committed  on  Wm.  Cormak  in  Braidmuyr  of 
Boynds,  the  Sheriff  ordained  Cultis  to  be  denounced  to  the  horn. 

Lawborrows.  Wm.  Ross,  servitor  to  the  Laird  of  Drum  v.  Walter  Warrander 
in  Querrilhill.  In  respect  of  Warrander's  failure  to  appear  and  find  caution,  he  was 
fined  300  merks. 

July  5.  Molestation  and  Cognition.     Wm.  Forbes  of  Poflug  v.  Wm.  Forbes  of  Corsin- 

day.  The  Pursuer  produced  Sasine  of  the  lands  of  Poflug,  dated  28  May  1579.  Notary 
Mr.  Tames  Forbes.  He  desired  that  the  matter  should  be  remitted  to  the  trial  of  an 
inquest,  which  was  eventually  done  in  spite  of  objections  by  the  defender  to  the  effect 
(i)  that  the  judges  were  not  competent  in  respect  of  the  exemption  of  the  family  and 
name  of  Forbes,  and  (2)  that  Parliament  was  sitting  and  therefore  no  process  could  go 
on.  To  the  former  it  was  answered  that  the  defender  had  already  barred  himself  by 
his  pleading  from  declining  the  jurisdiction,  and  to  the  latter  that  the  quality  of  the 
Pursuer  and  Defender  was  not  such  as  to  subject  them  to  give  presence  in  Parliament. 


Aberdeenshire  Sheriff  Court: 

1604. 

July  7.  Killing  Salmon  in  Forbidden  Time.      A  large  number  of  accused  chiefly  from 

the  district  watered  by  the  Don  and  its  affluents  were  charged.  A  jury  of  18,  mainly 
from  the  Donside  or  Ury  district,  absolved  all  the  accused  who  appeared,  except  one. 
The  accused  who  did  not  appear  were  denounced  to  the  horn.  The  Sheriff  depute  was 
Mr.  Richard  Irving  and  the  other  members  of  Court  were  Provost  Rutherford  and 
Baillies  David  Rutherford,  Thomas  Forbes  and  Wm.  Lowsone. 

1,8.  Killing  Salmon  in  Forbidden  Time.  Accused  from  Donside  ranging  from  Goval 

and  Pitmedden  to  Kemnay.  A  jury  of  17  "clengit"  all  the  persons  put  upon  panell. 
Those  who  did  not  appear  were  fined. 

19.  Removing.     The  Marquis  of  Huntly  v.  Robert  Carnegy  of  Wester  Kyncarden, 
George  Cromar,  George  Duncane  and  John  Brabner  in  P'ormastoun,  his  cottars  and 
grasmen.     For  the  defence  there  was  produced  a  lease  for  the  current  year  and  various 
witnesses.     Robert  Cultis  of  Auchtercoull  became  cautioner  for  violent  profits.     The 
principal  defender  gave  his  oath  that  the  lease  had  been  granted  to  himself  and  not  to 
his  father,  and  the  case  was  continued  to  25  July,  but  there  is  no  record  of  it  on  that 
day. 

20.  Killing  Salmon  in  Forbidden  Time.     The  accused  were  chiefly  from  Upper 
Donside.      A  jury  of  13  absolved  all  the  accused  who  appeared,  except  one  Ingram 
Chalmer  in  Drumallan,  who  "grantit  his  offence  and  pat  him  in  the  Justice  will."     A 
great  number  did  not  appear. 

30.  Murder.     Robert  Guild,  son  natural  of  the  late  Wm.  Guild,  armourer  in  Old 
Abd.     The  record  bears  that  Alexr.  Blair,  Tailor  burgess  of  Abd.,  accused  Guild  "  for 
the  crewall  and  unmercifull  slauchter  of  umquhill  Wm.  Blair  tailzeor  brothir  to  the  said 
Alexr.  commitit  be  him  upone  the  Kings  gait  callit  the  Braidgait  of  the  Gallowgait  of 
the  said  burght  with  ane  byknaiff  of  set  purpois  previsioun  and  forethoucht  fellony  upon 
Sounday  the  xxix  of  July  instant."     The  accused  pleaded  guilty,  but  was  remitted  to  a 
jury,  who  convicted  him.      The  sentence  was  "  Thairfor  the  Sref  deput  forsaid  ordanit 
the  said  Roberts  heid  to  be  tane  aff,  and  his  richt  hand  quhilk  comitit  the  fact,  and 
byknaiff  put  thairthrow  and  set  one  the  tolbuith  in  example  of  uthers  to  commit  the  lyk 
in  tyme  aiming." 

31.  Lawborrows.     Patrick  Douertie  in  Foulholl  v.  Andrew  Reid  there,  et  e  contra. 
Each  swore  that  he  dreaded  bodily  harm  of  the  other,  and  each  was  bound  down  to 
keep  the  peace  under  the  penalty  of  £40.     Andrew  Reid  of  Collestoun  was  cautioner 
for  his  namesake. 

Removing.  James  Forbes  of  Fechill  v.  Margt.  Cruickshank,  widow  of  Wm. 
Bruce  in  Chappeltoun  of  Essilmont,  Edward  Bruce,  his  son,  and  George  Bannerman  of 
Wattertoun,  his  tutor,  and  others.  Parts  of  Fechil.  Defences  lodged  for  these  Defen- 
ders and  a  continuation  to  3  Octr.  for  answers.  Others  not  appearing  were  ordained  to 
remove. 


Diet  Books:  Vol.  VIL,  Contents 


1604. 

July  31.  Removing.     James,  Earl  of  Atholl  v.  Francis,  Earl  of  Erroll,  Thomas  Barnat  in 

Lathers,  James  Gardyn  in  Drachlamiln,  Alexr.  Mernis  in  Racloche,  Robert  Walker  in 
Glaslaw,  Andrew  Mernis  there,  Robert  Stewart  and  Patrick  Stewart  his  sons  in 
Durlathers  and  others.  The  Pursuer  stated  himself  to  be  proprietor  of  the  two  part  and 
three  part  Lands  and  Barony  of  Latheris,  Durlatheris,  Glaslaw,  Racloche  and  Wodheid, 
and  specially  the  lands  of  Barricorne  &  Darricorne,  Drauchlands  &  Mill  of  Rothybirs- 
ben.  Decree  was  pronounced  against  Lord  Erroll  and  Barnat  to  remove  from  Mains  of 
Lathers,  while  the  case  was  continued  to  the  second  day  of  the  head  Michaelmas  Court. 
A  large  number  of  i6th  century  writs  were  produced  on  behalf  of  the  other  Defenders, 
the  entry  being  of  considerable  length. 

Violent  Profits.  Walter  Maitland,  lawful  son  of  the  late  James  Maitland  of 
Monlatie  v.  John  Wilkeyn,  Isobell  Auchinlek  and  John  Arthour,  all  in  Tartie.  These 
defenders  had,  in  June  1603,  got  their  holdings  from  Patrick  Cheyne  of  Essilmont, 
against  whom  decree  of  removing  had  passed  at  Maitland's  instance  on  18  July  1601, 
and  Cheyne  was  called  for  his  interest  in  this  action.  The  value  of  the  grain  decerned 
for  was  "according  to  the  feir  of  the  crop  1603."  The  value  of  the  pasturage  of  20 
sheep  was  fixed  at  5  merks  yearly,  of  10  nolt  5<D/-,  and  of  2  horses  io/- 
Augt.  I.  Fiars  Court.  The  fiars  of  crop  1603.  These  were  fixed  more  than  once  a  year 

at  this  period,  and  Lammas  was  one  of  the  dates. 

4.  Receipt  for  Documents.     Mr.  Robert  Gordon  acknowledged  to  have  received 

up  a  Charter  and  Sasine  given  by  the  late  Sir  John  Gordon  of  Petlurge  to  his  daughter, 
Barbara  Gordon. 

6.  Assault  and  Mutilation.      Patrick  Allane,  indweller   in   Fraserburgh.      There 
was  presented  for  registration  an  obligation  dated  3  August  granted  by  Wm.  Birny  in 
Fraserburgh,  by  which  he  became  bound  to  enter  accused  for  trial  on  18  August,  and 
also  that  his  goods  should  be  forthcoming  to  the  use  of  "  our  Souerane  Lord  his  Graces 
procurator  fiscal  and  John  Fyiff  burgess  of  Abd."  the  injured  party. 

7.  General  Service.     John,  Lord  Forbes  to  Dame  Elet  Keyth,  his  mother.     The 
Sheriff  refused  to  go  on  in  vacation. 

II.  Assault— Blood-drawing.     Thomas  Davidsone,  sometime  servitor  to  the  Laird 

of  Ravyniscraig  was  charged  with  "dinging  stricking  &  blude  drawing  of  Keyth, 

Chopman."     Fined  in  absence. 

Septr.  5.  Manslaughter.     John  Duncane,  for  whose  appearance  Alexr.  Burnat  and  Wm. 

Russall,  burgesses  of  Abd.  were  cautioners,  was  charged  with  the  slaughter  of  Elspet 
Paull,  his  wife,  but  acquitted. 

Obligation  for  Money.  James  Elphingston  in  Auld  Crag,  in  favour  of  John 
Gordon  of  Bogs.  Obligation  to  pay  40  merks  before  1 1  Novr.  under  pain  of  poinding 
and  horning,  on  a  six  days  charge  with  ten  merks  for  ' '  cost  skayth  &  dampnage  "  in 
case  of  failure.  The  entry  is  signed  by  Robert  Gareoch,  Sheriff  depute. 

15.  Murder.     John  Huchoun,  Flesher,  for  whose  appearance  James  Robertsone  and 

Alexr.  Spens,  cordiners,  were  cautioners.  The  charge  was  for  the  "allegit  dinging 
stricking  and  blude  drawing  of  umquhill  Meriore  Wode  his  spouse  with  his  hands  &  feit, 
and  specially  with  ane  key  in  the  heid  be  occasioun  of  the  quhilk  straik  scho  is  depairtit 
this  present  lyiff  commitit  be  him  of  set  purpois  preuisioun  &  forethocht  fellony."  The 
accused  was  acquitted. 

23 


Illustrative  Example  taken  from  Vol.  VIL  of  Diet  Books 

Criminal  Indictment  and  Trial 

(22  February  1603) 

1.  Johne  Kid    Indwellar  in   Auld   Abd    art    Indytit   for  the   thifteous 

steilling  fra  Andrew  Brabner  Youngar,  furthe  of  his  toune  of  Sunny- 
syde  of  ane  yow  about  Bartholl  day  last  1602  In  signe  &  tackin 
quhairof  Androw  Wentoun  &  ane  uther  of  his  nichtbours  hard  hir 
bleit  cumand  In  at  the  Channonrie  port 

2.  Thow  art  Indytit  for  the  thifteous  steilling  fra  Androw  Turnour  In 

Horscruik  of  sex  yowis  furtht  of  his  stedding  thair  about  the  xvii  of 
Febr  instant  quhairof  thair  is  tua  apprehendit  with  the  [thee] 

3.  Thirdlie  thow  art  Indytit  for  the  thifteous  steilling  fra  James  Allane 

in  Boghoill  furthe  of  his  stedding  thair  of  tua  yowis  about  the  said 
xvii  of  Febr  In  signe  &  tackin  thay  war  apprehendit  with  the 

4.  Thow  art  Indytit  for  the  thifteous  steilling  fra  Ronald  Allane  seruitor 

to  Wa  Setone  of  Kingisseat  of  ane  yow  about  the  said  xvii  of  Febr 
In  signe  &  tackin  she  was  apprehendit  with  the 

5.  Thow  are   Indytit  for  the  thifteous  steilling  fra  George  Moresone 

burges  of  Abd  of  ane  wedder  aff  of  the  hill  of  Cunnagar  about  the 
said  xvii  of  Febr  quhairwith  thow  was  apprehendit 

6.  Thow  art  Indytit  for  the  thifteous  steilling  fra  Barbara  Mowat  relict 

of  Umquhill  Wa  Leisk  of  that  Ilk  of  tuelft  sheip  quhilk  thow  brocht 
ower  the  watter  of  Ithan  and  challengit  with  the  &  tane  bak  agane 

7.  Thow  art  Indytit  for  the  steilling  fra  Alexr  Mar  than  dwelling  In  the 

Mure  In  the  monetht  of  November  or  thairby  1602  yeiris  furth  of 
the  dg  (dwelling)  of  Auld  of  xv  sheip  quhilk  thow  brocht  to 

Abd  ouer  at  the  Cobill  of  Ythan 

8.  Item  at  that  same  tyme  thow  staw  fra  Wa  Wilsone  in  Carmuk  of 

thrie  yowis  of  the  quhilk  thow  slew  ane  In  Thomas  Arthors  (some 
illegible  words  follow) 

1.  Jon    Litiljohne   now  at    Justice    Mylnis   thow   are    Indytit    for   the 

thifteous  steilling  fra  Androw  Forbes  litster  of  twentie  sheip  or 
thairby  at  syndrie  tymes  In  the  yeirs  of  God  1598,  99  1600  &  1601 
yeirs  In  signe  &  tackin  Margaret  Harper  seruitour  to  the  said 
Androw  apprehendit  the  with  ane  of  thame  upone  thy  bak  gangand 
In  at  thy  awin  dure  &  sho  tuik  the  staff  fra  the 

2.  Thow  are  Indytit  for  the  thifteous  steilling  fra  Patk  Forbes  &  Alexr 

Andersone  seruitors  to  the  said  Androw  at  syndrie  tymes  In  the 
saids  yeiris  of  sex  sheip 

24 


Diet  Books:  Vol.  VIL,  Illustrative  Example 

3.  Thovv  art  Indytit  for  the  cumand  to  Ferrihill  In  the  moneth  of 

in  the  yeir  of  God  1602  yeiris  &  braking  of  his  hall  or  dwelling  hous 
&  tacking  furth  thairof  of  sex  silver  spunis  ane  stand  of  naperie  half 
ane  stane  of  cheis,  ane  pok  full  of  blak  vvoll  and  ane  firlett  of  meill 
fro  Androw  Skynner 

4.  Thow  art  Indytit  for  the  thifteous  steilling  fra  David  Hairow  at  the 

Brig  of  Dee  of  fourtene  sheip  furthe  of  the  lands  of  Eister  Petfod- 
dellis  in  the  moneth  of  Febr  or  thairby  1602  yeiris  In  signe  &  tackin 
thow  was  apprehendit  that  same  tyme  be  Margaret  Harper  &  thow 
hid  sewin  heids  of  the  said  sheip  under  furis  of  Rigs  and  tuik  with 
the  woll  &  the  cresche 

5.  Item  ye  and  Ilk  ane  of  you   art   Indytit  for  commoune  theiffis  & 

briganes  recept  of  thift  Infang  &  outfang  haveing  na  moyan  nor  geir 
to  leif  upone  bot  onlie  be  steilling  In  signe  &  tackin  thair  was  tane 
furthe  of  the  myre  at  the  bak  of  Jon  Litiljohns  hous  as  thay  gang 
to  the  Brig  of  Dee  be  Johne  Key  at  Justice  Milne  &  his  seruitours 
thrie  stane  of  Talloue,  sex  scheipis  Intrallis  and  sheipis  banes 

and  thow  mad  the  Last  yeir  pair  of  plaids  and  ane  pair  this 

yeir  wowin  be  George  Walker  thow  neuer  beand  ane  bloker,  ane 
byar  nor  haveing  na  sheip  of  thy  awin.  And  thy  wyff  knaweing  of 
thy  thifteous  deids  left  the  thre  syndrie  tymes,  quhilk  beand  denyit 
be  the  saids  persones  the  Shreff  remitit  thame  to  the  tryell  of  the 
Assyis  following 

6.  Item  the  said  Litiljohne  for  being  airt  &  pairt  of  the  steilling  of  the 

sheip  quhairwith  the  said  Jon  Kid  was  apprehendit  extending  to  the 
numer  of  sex  stowin  fra  Androw  Tumour  George  Moresone  James 
Allane  &  Ronald  Allane 

Nomina  Assise 

George  Arbekie  in  Auld  Abd  Alex  Douglas  at  the  Brig  of  Dee 

Adame  Banerlay  thair  Patk  Forbes  thair 

Jon  Barcar  thair  Jon  Walker  thair 

Jon  George  thair  Jon  Still  in  Ferihill 

Jon  Hay  thair  Jon  Key  at  Justice  Milnis 

Androw  Torrie  thair  James  Smithe  In  Kincorthe 

Jon  Torrie  thair  Alexr  Wobster  in  Kincorthe 

Henrie  Mowtray  In  Pervynnes         James  Miln  in  Auld  Abd 
Hew  Hebburne  thair  George  Gordone  thair 

Wm  Cruikshank  In  Cottoun  Duncane  Barcar  thair 

Alexr  Robertsone  In  Auld  Abd 

George  Ogiluy  fleshour  in  New  Abd 

Androw  Hervie  in  Auld  Abd 

D  25 


Aberdeenshire  Sheriff  Court 

The  haill  assyis  be  the  mouthe  of  Henrie  Mowtraye  thair  chancellar, 
convictis  the  said  Johne  of  the  secund,  third  fourt,  fyft,  sewint  and 
aucht  poynts,  and  siclyk  convictis  the  said  Johne  Litiljohn  of  the 
secund,  fourt,  fyft,  and  sext  poynts  and  siclyk  convictis  baith  the 
saids  persones  be  oppin  voce  &  commoun  fame  &  absoluis  thame  fra 
the  remanent  poynts 

(Signed)     henri  Mutray  Chancleir 

The  Shreff  ordanit  the  saids  persones  to  be  drownit  for  thair 
demereitts. 


26 


The  Diet  Books,  Vol.  VIIL— Part  L  J603,  Part  IL  J600-1622. 

This,  which  on  the  outside  binding  is  titled  a  Diet  Book  1603-17,  is 
called  on  the  title  page  "  Court  buik  begune  undecimo  die  Januarii  1603," 
and  the  first  entry  contained  in  it  is  the  Head  Yule  Court  held  on  that 
day.  To  call  it  a  diet  book  was  in  a  certain  sense  correct,  for  while  it 
contains  apparently  most  of  the  work  de  die  in  diem  from  the  above  date 
until  23rd  June,  1603,  occupying  about  100  pages,  the  remainder,  nearly 
300  pages,  contain  the  engrossment  of  trials  of  Brieves  of  Services  of 
various  kinds,  and  of  Edicts  of  Curatory  from  1600  to  1622,  with  a 
sprinkling  of  other  matter,  such  as  revocations  by  heirs  within  the 
quadriennium  utile,  &c. 

The  volume  is  in  exceedingly  good  preservation,  although  a 
considerable  proportion  of  the  contents  is  much  faded  and  blurred. 
The  whole  of  it  is  evidently  transcribed  from  other  books,  and  indeed 
the  first  part  is,  as  already  pointed  out,  a  clear  and  expanded  copy 
of  at  least  a  considerable  proportion  of  the  entries  in  the  volume  last 
noticed. 


27 


Table  of  Contents  of  Vol.  VIIL  of  Diet  Books.    Part  L 

1603. 

Jany.  II.  Violent  Profits.     Wm.  Gordoune,  eldest  lawful  son  of  Wm.  Gordoune  of  Duny- 

made  v.  Thomas  Dempster  of  Auchterless.  Mr.  Arthur  Watt,  as  Sheriff  in  that  part, 
presented  letters  of  Advocation,  summoning  the  party  and  the  Sheriff  depute  before  the 
Lords  of  Counsel  on  26  January. 

Decree  for  Rent.  James  Gareoche  of  Kinstair  v.  Alexr.  Smithe  in  Ardgathin. 
The  arrears  of  rent  of  crop  1602  of  the  lands  of  Smydihill  amounting  to  14  bolls  10 
pecks  of  meal.  The  Pursuer  protested  for  the  highest  prices. 

Lawborrows.  James  Andersone  in  Auchlossin  and  Alexr.  Stewin  in  Waster 
Beltie  v.  Alexander  Gordoune,  Merchand,  brother  to  Wm.  Gordoune  in  Deskrie. 
Wm.  Gordoune  appeared  and  became  cautioner  for  his  brother  to  the  extent  of  ,£300 
Scots,  and  Alexr.  Gordoune  became  bound  to  relieve  his  cautioner.  Both  cases  were 
continued  to  15  January  to  give  in  defences;  but  on  that  day  Letters  of  Advocation 
were  presented. 

Spuilzie  and  Eviction.  David  Arbuthnot  in  Langseat  v.  Andrew  Lyoun,  elder 
in  Ester  Ardoche,  David  Lyoun  in  Wester  Ardoche,  Richard  Lyoun,  Smith  in  Potter- 
toune,  David  Skeyne  there,  George  Clerk  son  to  John  Clerk  in  Pottertoune,  and 
Alexr.  Jamesone  there.  There  were  two  actions  here,  in  both  of  which  January  1 5  was 
assigned  for  defences. 

Abstracted  Multures.  Bartholl  Leslie,  portioner  of  Cheppiltoun,  and  Margt. 
Hervie  his  wife  v.  Patrick  Leslie  of  that  ilk.  The  Pursuer  produced  a  Charter  of  the 
mill  (presumably  Cheppiltoun)  granted  by  John  Leslie  of  that  ilk  on  14  January  1577, 
and  Sasine,  dated  27  January  same  year.  Notary  Hew  Hervie. 

Nature  of  action  not  disclosed.  John,  Lord  Forbes  v.  James  Mortymer,  fiar  of 
Cragyver.  This  was  a  diet  for  proof.  An  objection  to  the  proof  proceeding  was  taken 
on  behalf  of  the  Defender,  the  ground  being  that,  altho'  the  amount  for  which  he  was 
sued  exceeded  100  merks,  he  had  not  been  summoned  by  a  mair  depute  but  only  by  an 
officer.  On  the  Pursuer  agreeing  to  restrict  his  claim  pro  loco  et  temfore  to  100  merks, 
the  Sheriff  depute  held  the  citation  of  the  Defender  to  be  valid. 

Special  Service.  Thomas  Cheyne,  son  of  Mr.  Patrick  Cheyne  of  Ranestoun, 
burgess  of  Abd.  The  Lands  of  Ferryhill,  Ailhous  and  Smyddie  crofts,  Mill  and  Mill 
Lands  of  the  same  in  the  Parish  of  St.  Maucher.  Held  of  the  Crown  in  feu  farm  for 
payment  of  £20  Scots  per  annum,  with  a  duplicand  on  the  entry  of  heirs.  Old  and 
new  value  £20.  In  non-entry  since  death  of  ancestor  on  5  October  1602. 

12.  Nature  of  Action  not  disclosed.      Andrew  Skeyne  in  Ferrihill  v.  David  Gardner  in 

the  Bray  of  Petfoddellis.     February  I  assigned  for  defences. 

28 


Diet  Books:  Vol.  VIH,  Part  L,  Contents 

1603. 

Jany.  12.  Nature  of  Action  not  disclosed.     Isobell  Craigheid  and  Thos.  Fergowsone,  burgess 

of  Abd.,  her  husband  v.  Margt.  Cruikschank,  widow  of  John  Craigheid  in  Fuddes. 
February  I  assigned  for  defences. 

Nature  of  Action  not  disclosed.  Andrew  Gray  v.  George  Hardie  in  Haddocht. 
February  15  assigned  for  defences. 

Nature  of  Action  not  disclosed.  Andrew  Gordone  v.  Patrick  Leslie  in  Setoun. 
Term  for  lodging  defences  circumduced  and  petition  admitted  to  the  Pursuer's 
probation. 

Nature  of  Action  not  disclosed.  John  Leith,  apparent  of  Harthill  v.  Win.  Leslie 
of  Tocher  and  his  tenants.  February  13  assigned  to  Pursuer  to  answer  the  eiks  to 
the  defences. 

Claim  for  Rent.  James  Ogiluy  of  Blerak  fc>.  Alex.  Mar  in  Watishill  and  James 
Mar  his  son  in  Mure  plough  of  Wester  Auchleuchreis.  24  bolls  meal  and  ,£8  custom 
silver,  due  for  occupation  of  Mure  plough  for  crops  and  years  1598,  1599,  1600,  1601 
and  1602.  Pursuer's  Sasine  was  dated  5  June  1596.  Notary  John  Leslie.  James  Mar 
became  bound  to  relieve  his  father,  Alexr.  Mar,  the  other  defender. 

Nature  of  Action  not  disclosed.  George  Hardy  in  Haddocht  i:  Andrew  Gibsone 
in  Haddo  of  Furvie  and  others.  In  default  of  appearance  the  case  against  Gibsone 
was  remitted  to  the  Pursuer's  probation.  February  15  assigned  for  defences  for  the 
other  Defenders. 

Decree  of  Wrongous  Intromission.  Andrew  Barclay,  Sklaiter  v.  John 
Buchannan  in  Auld  Abd.  and  Isobell  Airlhe,  his  spouse.  The  Pursuer  obtained  Decree 
for  "Tua  clokis  the  ane  thairof  gray  and  the  uther  russat  price  of  the  gray  cloik  x  lib 
price  of  the  russat  clok  vi  sh  viii  d.  Item  tua  linning  neks  worthe  xvi  d  and  ane 
hember  worthe  xl  d  "  all  which  had  been  taken  in  June  1600. 

Nature  of  Action  not  disclosed.  George,  Earl  Marischal  v.  Walter  Innes  in 
Adiell.  Defender  not  appearing,  case  remitted  to  Pursuer's  probation.  On  I  Febry. 
the  Defender  was  represented,  and  on  payment  of  expenses  was  reponed.  Pleadings 
were  subsequently  lodged,  but  the  case  is  not  mentioned  after  1 6  Febry. 

Nature  of  Action  not  disclosed.  Nicoll  Ross,  Cordiner,  burgess  of  Abd.  ». 
Archibald  Patersone  at  the  Walkmilne  of  Belty.  Defences  ordered,  but  no  subsequent 
entry  is  found. 

Breach  of  Arrestment.  Mr.  Win.  Barclay,  Procurator  Fiscal,  and  Wm. 
Slraquhan  of  Glenkyndie  v.  Gilbert  Kobertsone  at  the  Milne  of  Fedderet.  There  were 
produced  (i)  the  private  Pursuer's  own  precept  of  arrestment  (2)  execution  thereof  and 
(3)  his  Sasine,  dated  20  Febry.  1566.  Notary  Sir  Wm.  Proctour.  After  various  pro- 
cedure Decree  was  pronounced  on  July  30  (vol.  VII.),  but  no  detail  is  given  there. 

29 


Aberdeenshire  Sheriff  Court : 

1603. 

Jany.  12.  Claim  for  Rent.     Girsall  Hay,  widow  of  John  Dilgarnocht  of  Blakwatter,  John 

Hay,  her  husband,  Wm.  Hay  of  Cremoundmogat,  father,  tutor  &  administrator  for  the 
said  John  Hay  v.  James  Smithe  in  Rattraye  and  others  tenants  there.  Subsequent 
entries  disclose  that  certain  "  Ruiddis  and  lands"  in  Rattray  were  the  subject  of  the 
action.  One  Jonat  Keyth  was  admitted  to  defend  for  her  interest  on  8  Febry.,  producing 
a  Sasine,  the  date  of  which  is  not  given,  and  on  19  Febry.  Alexr.  Keyth  of  Balmure 
desired  to  be  and  was  admitted  in  respect  of  the  Sasine  of  Cristane  Dilgarnocht,  dated  7 
June  1595,  and  an  Assignation  by  her  to  him  of  the  duties  libelled. 

Claim  for  Arrears  of  Rent.  Barbara  Gordone,  lawful  daughter  of  the  late  Sir 
John  Gordone  of  Petlurg,  Knight,  and  Abraham  Forbes  of  Blaktoune,  her  curator  v. 
John  Gordone  of  Petlurg  and  tenants  of  Thornywray.  After  various  procedure  the 
tenants  were  apparently  allowed  out  of  the  case,  upon  the  defender  Gordon  swearing 
that  they  had  paid  to  him  the  half  rents  crop  1600  and  the  whole  rents  crop  1601. 
(Vide  p.  23.) 

Renunciation.  Meriore  Annand,  wife  of  George  Leslie  of  Hilbray,  in  favor  of 
James  Setoune  of  Bourtie,  burgess  of  Abd.  A  contract,  probably  of  wadset,  between 
Leslie  and  Setoune  and  Margaret  Rolland  the  wife  of  the  latter,  dated  24  Deer.  1601, 
and  registered  in  the  Books  of  Council  &  Session  22  Febry.  1602  is  referred  to.  The 
lady  renounced  her  conjunct  liferent  &c.  in  the  lands  of  Hilbray,  Mill  of  Bourtie,  &c.  in 
the  Parish  of  Bourtie.  After  Leslie  had  appeared  and  intimated  his  consent  the  Sheriff 
interponed  his  authority. 

13.  Nature  of  Action  not  disclosed.     Sir  Patrick  Hebburne  of  Luffnes,  Knight  v.  John 
Ogstoun  in  Cheppilhill  of  Fingask  and  Gray  in  Petsligo.     In  default  of  appearance  by 
Defenders,  case  remitted  to  Pursuer's  probation. 

Nature  of  Action  not  disclosed.  Gilbert  Gray,  burgess  of  Abd.  and  Meriore 
Gordoune,  his  spouse  v.  John  Dwne  in  Ellone.  There  was  produced  for  the  Pursuers  a 
Charter,  dated  19  Octr.  1599.  In  the  course  of  subsequent  procedure  the  defences  were 
repelled,  and  after  the  taking  of  the  Pursuer's  oath  of  calumny  on  16  March  the  case 
disappears. 

14.  Spuilzie.     John  Thomsone  in  Fechlie  v.  John  McHardie  alias  Euer  McRichie  in 
Auchintoull  at  the  heid  of  Glengardin.     "Ane  blak  quhyit,  blak  pointed  hornitox" 
was  claimed.     The  Defender  did  not  appear  and  he  was  ordained  to  be  cited  again  to 
give  his  oath. 

Ratification.  Agnes  Forbes,  wife  of  Andrew  Brabner,  younger,  burgess  of  Abd., 
ratified  a  Contract,  Charter  and  Infeftment  dated  13  Novr.  1602,  whereby  Brabner,  in 
consideration  of  800  merks  and  with  the  consent  of  his  wife  and  brother  Alexr., 
alienated  by  way  of  wadset  to  William  Moir,  burgess  of  Abd.  the  "toun  and  lands 
callit  the  Sonye  Syde,  Spittellhill  and  croft  adiacent  to  the  College  Croft "  lying  within 
"  the  Regalitie  of  the  College  of  Auld  Abd."  Also  the  lands  "  callit  the  Calsie  Seatis  " 
within  the  freedom  of  the  Burgh  of  Aberdeen. 

3° 


Diet  Books:  Vol.  VIE.,  Part  L,  Contents 

1603. 

Jany.  15.  Abstracted    Multures.      John  Glenny  at   the   Doipmilne  of  Arnage  v.  James 

Gordone,  fiar  of  Newtoune,  Mr.  Wm.  Barclay  Vicar  of  Inche,  and  William  Bur  at  the 
Milne  of  Williamstoune.  The  Pursuer  produced  a  Lease  of  Mill  of  Williamstoune, 
granted  by  the  Defender  Gordone  in  his  favor  for  five  years  from  Whitsunday  1601, 
dated  i  May  1601.  February  i  assigned  for  defences. 

Nature  of  Action  not  disclosed.  Thomas  Burnat  of  Cragmyill  v.  Charles  Chalmer 
of  Tillikirie.  Action  wakened  and  the  Pursuer's  Sasine  of  the  lands  of  Cragmyill  &c. 
produced  dated  8  Jany.  1598-9.  Notary  Mr.  Robert  Davidsoune.  Pronunciation  of 
interlocutor  continued  to  February  16. 

Feby.   i.  Eviction  and  Payment.      George  Adamsone  in  Elphine  v.  Wm.  Leisk  of  that 

Ilk  et  e  contra.  Adamsone  produced  a  lease  by  Thomas  Leisk,  apparent  of  that  Ilk,  of 
the  town  and  lands  occupied  by  Thomas  himself  for  5  years  from  Whitsunday  1596  with 
two  receipts  for  rent,  viz.  :  (i)  For  the  rent  of  Auchmad  crop  1600,  and  (2)  For  the 
rent  of  Belschamphie  for  the  same  crop  and  all  previous  crops.  Among  the  witnesses 
cited  in  this  case  was  Alexr.  Hay  of  Brunthill. 

Spuilzie.  Wm.  Irving,  elder,  in  Hoill-MIThe  v.  Jeane  Lumsden,  widow  of  Alexr. 
Chalmer  of  Cultis,  and  Alexr.  Chalmer,  his  son.  The  Pursuer  claimed  "tua  meiris  and 
ane  steir."  This  action  was  dismissed  on  16  April,  without  prejudice  to  the  Pursuer's 
right  to  sue  again. 

Spuilzie.  James  Cassy  in  Quhytstryipis  v.  Martene  Howesone,  burgess  of  Abd. 
and  John  Craufurd,  messenger.  A  horse  was  claimed.  After  various  diets  the 
Defenders  were  allowed  a  proof  of  their  last  defence,  and  on  16  April  they  produced  a 
compulsitor  of  the  Commissariat  of  Abd.  at  Howesone's  instance  against  Cassy  for 
payment  of  money,  with  an  execution  of  comprising  of  the  horse  following  on  it. 
Witnesses  were  admitted  to  proof  that  at  the  comprising  the  horse  was  offered  to  Cassy. 
The  end  of  the  case  is  not  reached  in  the  volume. 

Claim  for  Arrears  of  Rent.  Christian  Fraser,  widow  of  Alexr.  Setoune,  fiar  of 
Meldrum,  and  wife  of  Alexr.  Forbes  of  Fingask  v.  Alexr.  Setoune  in  Ardconnan. 
Christian  Fraser's  liferent  Sasine  was  produced,  dated  4  Deer.  1584,  notary  Mr.  James 
Forbes,  and  also  a  writ  of  repossession  of  the  rents  granted  by  Walter  Wode  of  Fetter- 
carne  on  20  Deer.  1602.  February  8  assigned  for  defences. 

Removing.  Christian  Fraser,  widow  of  Alexr.  Setoune,  fiar  of  Meldrum,  and 
wife  of  Alexr.  Forbes  of  Fingask  v.  Alexr.  Setoune  in  Ardconnan.  The  subjects  were 
the  "myddill  pleuch  of  the  schaddou  half  lands  of  Ardconnan  and  ane  croft  of  the 
Kirktoune  of  Bathelny  callit  the  Clerks  croft  "  in  the  parish  of  Bathelnie. 

Spuilzie.  John  Farquharsone  in  Invergald  v.  John  McBrebarconnie  in  Monaltrie. 
The  Pursuer  claimed  a  dun  horse,  to  which  he  produced  an  assignation,  granted  in  his 
favor  by  Thomas  McPhereis  in  Crathinhard,  dated  28  Novr.  1602.  This  assignation 
McPhereis  appeared  in  Court  to  authorize,  ratify,  affirm  and  approve.  The  Defender 
did  not  appear. 

31 


Aberdeenshire  Sheriff  Court: 

1603. 

Feby.  I.  Nature  of  Action  not  disclosed.     James  Gardyne  of  Blakfurde  v.  Alexr.  Meldrum, 

sometime  of  Bogheids,  and  George  Meldrum,  his  "oo"  [grandfather].  The  Defenders  did 
not  appear,  but  the  Pursuer  produced  a  discharge  between  the  parties  with  "  ane  rewin" 
[torn]  "contract  contening  ane  cassatioune  on  the  bak  thairof  quhilk  the  said  James 
instantlie  tuik  upe  agane." 

Failure  to  Present  an  Accused  for  Trial.  Gilbert  Fergowsone  at  the  Miln  of 
Petfichie  v.  Thomas  Muckard  at  the  Miln  of  Monymusk.  Muckard  appeared,  being 
summoned  on  Ferguson's  petition,  and  being  sworn  at  the  bar,  admitted  that  he  had 
promised  faithfully  to  present  Win.  Watt  in  Kyldrymmie  at  the  Court  of  Monymusk, 
charged  at  the  instance  of  Ferguson  with  certain  capital  crimes  and  that  he  had  failed 
so  to  present  him,  "  anent  the  quhilk  the  Shreff  deput  tuik  to  be  advysit." 

2.  Spuilzie.      John  Lumsden  of  Cushnie  v.   Andrew  Touche  in   Brigend  of  Litill 

Lenturk.  A  "blak  gray  hors  "  was  claimed.  In  support  of  his  summons  Lumsden 
produced  a  copy  of  an  act  from  his  own  "  Baillie  Court  buik."  This  copy  was  collated 
word  by  word  with  the  book  in  Court.  February  8  assigned  for  defences. 

Liquidation  of  Prices.  (Supra  II  Jany.,  p.  28.)  James  Gareoche  of  Kilstair  v. 
Alexr.  Smythe,  sometime  in  Smiddyhill.  Two  witnesses  viz.  James  Forbes  in  Abd. 
and  Alexr.  Blakhall  there  were  adduced,  who  deponed  that  the  price  of  farm  meal 
crop  1602  was  £$  Scots  p.  boll.  The  Decree  was  in  accordance  with  this  evidence, 
with  4O/-  of  expenses. 

Special  Service.  (Inq.  Spec.  Abd.  No.  89.)  John,  Lord  Abirnethy  of  Saltoune, 
grandson  of  Alexander,  Lord  Abirnethy  of  Saltoune.  Superiority  of  the  Lands  and 
Barony  of  Lessindrum.  Old  value  2O/-,  present  value  £4.  Held  of  the  Crown  for 
service  of  ward  and  relief.  In  hands  of  Crown  for  15  years  and  10  months  since  death 
of  ancestor  in  April  1587  viz.  :  10  years  by  reason  of  ward,  and  5  years  by  reason  of 
non-entry. 

5.  Eviction.     George  Maky  in  Innerowrie  v.  Wm.  Mackie  there.     Defender  being 

absent,  case  admitted  to  Pursuer's  probation. 

Intrusion.  Wm.  Keithe  of  Pettindrume  v.  John  Barclay  there.  Sasine  produced 
but  date  not  mentioned.  February  16  assigned  for  defences. 

Renunciation.  Jeane  Erskyne,  widow  of  George  Auchinlek  of  Balmanno,  and 
wife  of  John  Leslie  of  Balquhane,  with  consent  of  the  said  John  Leslie.  Alexr. 
Gordoune  at  Kethakismylne,  as  Procurator  for  George  Auchinlek  of  Balmanno,  presen- 
ted a  contract  between  the  Leslies  and  Balmanno,  whereby  the  former  had  bound 
themselves  that  the  lady  would,  for  a  price  of  .£1000,  convey  to  Balmanno  or  his 
nominee,  her  terce  in  the  lands  under  mentioned,  to  which  she  was  entitled  as  widow 
of  her  former  husband.  These  subjects  were  : — Two  parts  of  the  Mains  of  Schethin, 
Mill  of  the  same,  &c.,  &c.,  two  parts  of  the  lands  of  Raakistoune,  Craigie,  Little 
Meldrum,  &c.,  two  parts  of  Balgowny,  Murcour,  Wastfield,  Kethakismilne,  and 
Walkmilne  of  the  same,  two  parts  of  Dillappie  all  lying  in  Aberdeen  and  Forfar  Shires. 
The  conveyance  of  part  of  the  subjects  was  to  Balmanno  and  part  to  his  eldest  son  and 
apparent  heir,  George  Auchinlek,  whom  he  had  nominated.  The  procuratory  was 
signed  at  Kethakismilne,  29  Novr.  1602,  and  the  contract  at  Aberdeen,  13  August  1602. 
Both  Balquhane  and  his  wife  appeared  in  Court. 

32 


Diet  Books:  Vol.  VHL,  Part  L,  Contents 

1603. 

Feby.  10.  Decree  of  Removing.     Mr.  Alexr.  Leslie,  parson  of  Rothes  v.  Patrick  Leslie  of 

that  ilk.  The  shadow  third  part  of  Mains  of  Leslie  in  the  parish  of  Premnay.  The 
action  had  been  advocated  to  the  Court  of  Session,  but  remitted  back  to  the  Sheriff. 
The  Pursuer  produced  (i)  Act  of  Remission,  dated  at  Edinr.  4  Deer.  1602 ;  (2)  Sasine 
dated  21  May  1588 — Notary  Mr.  James  Forbes — and  (3)  Letters  of  Horning  raised  and 
executed  against  the  Defender  and  registered  in  the  Sheriff  Court  Books.  The 
Defender  did  not  appear. 

1 6.  Decree  in  Supplement  for  Rent.      Elizabeth  Hay,  Lady  of  Towie  v.  Andrew 

Schewan,  John  Ray,  Gilbert  Ray  and  Patrick  Smithe  in  the  Outseats  of  Mekill  Drum- 
quhendill.  The  Pursuer,  who  was  liferentrix  of  Mekill  Drumquhendill  and  Outseats 
thereof,  had  in  April  1599  and  20  Febry.  1601,  obtained  in  her  own  Baillie  Court 
decrees  against  the  Defenders,  who  had  been  tenants  of  Outseats.  These  decrees  she 
produced  in  order  to  get  a  decree  from  the  Sheriff  Court  in  supplementum  justilia. 

Violent  Profits.  James  Gardyne  of  Blakfurde  v.  Margaret  Lamb,  widow  of  the 
late  Alexr.  Gardyne  of  Blakfurde,  and  George  Lamb  in  Langlandwallis,  her  cautioner. 
February  23  assigned  for  defences. 

1 8.  Nature   of  Action   not  disclosed.     John   Forbes  of  Echt   v.   Andrew   Bonar  in 
Boquharne  and  Thomas  Sheriff  in  Colhay.     February  23  assigned  for  defences. 

19.  Discharge  of  Spuilzie.      Alexander  Scott  in  Mylnaniet'.  Gilbert  Bairdof  Auch- 
medden.     In  consideration  of  certain  sums  paid  by  Baird  to  Scott,  of  which  the  latter 
"  haulds  him  weill  contentit  plesantlie  satisfeit  and  payit,"  the  action  is  renounced  and 
discharged.      The  corresponding  entry  in  Vol.  VII.  of  the  Diet  Books  is  signed  by 
John  Gordone  of  Bogis,  the  Sheriff  depute. 

Renunciation  of  Tenancy.  George  Low  in  Artanfurde  in  favor  of  John  Irving 
of  Artanfurde.  Eight  oxingait  of  the  Lands  of  Artanfurde  in  the  parish  of  Deir  as  from 
Whitsunday  1603.  The  entry  in  Vol.  VII.  is  signed  by  Low  and  the  Sheriff  depute. 

Spuilzie — Advocation.  Alexr.  Cruikschank,  burgess  of  Abd.  and  David  Mudie, 
Mair  depute,  Abd.  v.  John  Wode  at  the  Mylne  of  Fintray.  Robert  Gareoche,  Sheriff 
in  that  part,  produced  letters  of  Advocation. 

Breach  of  Arrestment — Advocation.  Mr.  Wm.  Barclay,  Procurator  Fiscal  for 
himself  and  as  Procurator  for  Alexr.  Cruikschank  and  David  Mudie  v.  Alexr.  Cruik- 
schank in  Wantonnes  and  John  Wode  at  the  Mylne  of  Fintray.  Evidently  connected 
with  the  immediately  preceding  entry.  Robert  Gareoche  produced  letters  of  Advo- 
cation here  also,  stopping  procedure  until  March  10. 

22.  Eviction.      Robert  Glenny  in  Nethirtoune  of  Raneishill  v.  Cristane  Symsone, 
Charles  Currie  and  Alexr.  Symsone.     March  2  assigned  for  defences,  but  no  particulars 
given  and  no  decision  in  this  Vol. 

23.  Spuilzie.     George  Reid  in  Auchinlek  v.  Andrew  Reid  in  Over  Barrak  and  George 
Reid,  his  son,  there.     No  particulars.     Defences  ordered  but  case  never  appears  again. 

E  33 


Aberdeenshire  Sheriff  Court : 

1603. 

Feby.  23.  Decree  in  Supplement.     Mr.  Richard  Irving,  burgess  of  Abd.  v.  Patrick  Wyslie 

in  Kemmellis.  The  Defender  had  become  acted  in  the  Baillie  Court  Books  of  Aberdeen 
on  3  April  1602,  to  pay  to  Mr.  Irving  £6  for  each  boll  of  five  bolls  of  beir  and  five  bolls 
of  meal,  and  this  decree  is  pronounced  in  supplementum  justifies. 

Removing.  Alexander,  Lord  of  Fyvie,  President  of  the  College  of  Justice  v.  John 
Watsoun  in  Mill  of  Pettie.  Mill  of  Pettie  &c.  Sasine  produced  but  date  not  given, 
the  entry  bearing  that  the  Procurator  for  the  Pursuer  "  instantlie  tuk  it  upe  agane." 

Claim  for  Arrears  of  Rent.  Patrick  Gray,  sometime  portioner  of  Barrak  v, 
Gedioun  Keithe  in  Garlogie,  James  Stewin  and  Harie  Gordoune  of  Sauak.  Sasine 
produced,  dated  24  May  1598.  Notary  James  Birny.  April  16  assigned  for  defences. 

March  2.  Mill  Multures.     John  Leith  of  Harthill  v.  John  Burnat  in  Craigtowne.     There 

was  produced  for  the  Pursuer  a  contract  between  him  and  the  Defender  dated  4  April 
1601.  March  9  assigned  for  defences. 

5.  Breach   of  Arrestment.       Mr.  Win.  Barclay,   Procurator   Fiscal,   and   George 

Knowis,  burgess  of  Abd.  v.  Wm.  Knowis  of  Logyruif,  John  Mallice  and  Patrick 
Hendersone  there.  Precept  of  Compulsitor  directed  by  the  Commissary  of  Aberdeen 
and  executions  thereof  produced.  March  9  assigned  for  defences. 

Renunciation  of  Tenancy.  Walter  Stewin  in  Bischopis  Clintertie,  in  favor  of 
Mr.  Wm.  Fraser,  heritable  feuar  thereof.  The  town  and  lands  of  Bischopis  Clintertie 
in  the  parish  of  "  Sanct  Maucher." 

9.  Renunciation   of   Tenancy.      Agnes  Andersone,  widow  of  James  Jamesone  in 

Brumhill,  with  consent  of  Wm.  Keith  in  Edny,  her  husband,  and  John  Andersone  in 
Dennis,  as  tutor  of  John  and  Geillis  Jamesone,  in  favor  of  Alexr.  Irving  of  Drum.  "The 
towne  and  lands  of  Browmehill  lyand  within  the  Baronie  of  Fedderet  perioch  of  Deir 
and  Shrefdome  of  Abirdeine."  The  Pursuer  had  on  12  June  1602  obtained  Decree  of 
Removing  in  the  Court  of  Session. 

Breach  of  Arrestment.  Mr.  Wm.  Barclay,  Procurator  Fiscal,  and  James  Gor- 
done,  fiar  of  Newtoune,  and  Alexr.  Andersone,  messenger,  for  their  interest,  v.  John 
Glenny  at  the  Mill  of  Arnage,  James  and  Patrick,  his  sons,  Andrew  Litiljohn,  Andrew 
Stewynsone,  Cristall  Pratt,  George  Reid,  Thomas  and  Alexr.  Watsone,  Robert  Pirie, 
and  Philip.  The  instance  is  thus  worded  "  at  the  instance  of  our  Souerane 

Lord  the  King,  His  Majesty  Mr.  Wm.  Barclay  his  Grace  procurator  fiscall,"  &c.,  &c. 
An  objection  to  the  executions,  as  having  been  "mendit"  after  service  of  the  summons, 
taken  to  avizandum.  (  Vide  Sripra  Jany.  15.) 

Eviction  and  Spuilzie.  John,  William,  Beatrix  and  Annas  Fraser,  children  of 
the  late  Alexr.  Fraser  in  Cults,  and  Andrew  Mayne  in  Edistoune,  their  guidsir  and 
administrator  v.  Thomas  Mengzeis  of  Durne.  The  confirmed  testament  of  the  deceased 
Alexr.  Fraser  was  produced,  and  April  16  assigned  for  defences.  The  Defender's  pro- 
curator did  not  admit  the  jurisdiction  of  the  Court. 

34 


Diet  Books:  Vol.  VIE.,  Part  L,  Contents 

1603. 

March  9.  Decree  of  Spuilzie.    Alexr.  Forbes  in  Dauauche  v.  John  Makbrebar  alias  Ochan 

and  Margaret  Cultis  alias  Oge,  widow  of  Allister  Keir  in  Recharcharie.  The  Pursuer 
claimed  "  ane  blak  riggat  ox  of  sewin  yeir  auld  or  thairby  price  thairof  "  £16.  "  Ane 
uther  ox  sex  yeir  auld  or  thairby  "  20  merks.  These  were  said  to  have  been  taken 
from  Mekill  Curriehoull  in  August  1600.  Violent  profits  claimed  for  each  ox  per 
annum  6  firlots  victual  at  10  merks  per  boll.  The  sums  decerned  for  were  for  the  two 
oxen  50  merks,  and  for  violent  profits  a  boll  of  beir  at  8  merks  for  each  ox  per  annum. 

General  Service.  Patrick  Willicok,  son  of  Alexander  Willicok,  Dyer,  burgess  of 
Abd.  to  his  grandfather,  Thomas  Con  of  Hairmoss. 

General  Service.     The  same  to  his  grandmother,  Isobell  Cheyne. 

16.  Nature  of  Action  not  disclosed.     Janet  Lumisden,  widow  of  James  Duncane  of 

Merdrwme  v.  Andrew  Glennye.  A  Sasine  was  produced  but  no  date  is  mentioned. 
April  1 6  assigned  to  pronounce  interlocutor. 

Blood-drawing — Submission  to  Arbitration.  The  Procurator  Fiscal,  Patrick 
Leslie  of  that  ilk,  George  Leslie,  his  son,  and  George  Wode,  his  servant  v.  Bartholl  Leslie 
in  Cheppiltoune,  Wm.  Leslie,  son  to  Patrick  Leslie,  Alexr.  Hervy,  son  to  Andrew 
Hervy  of  Elrik  and  others  (probably  merely  underlings).  James  Ilervy,  son  of  Andrew 
Hervy  of  Flrik,  had  become  cautioner  to  enter  the  accused  for  trial  this  day.  He 
entered  three  of  them  viz.  :  Bartholl  Leslie,  Wm.  Leslie  and  Alexr.  Hervy,  which  was 
accepted  as  sufficient.  The  accused  offered  humbly  to  submit  themselves  to  the  judg- 
ment of  the  Laird  of  Leslie  and  his  son  ;  but  they  declined  and  referred  this  and  all 
questions  between  them  to  Patrick,  Lord  of  Lindores,  John  Leslie  of  Balquhane,  John 
Leslie  of  Wardres,  Patrick  Leslie  of  Kincraigie,  John  Keyth  of  Ravynscrage,  Wm. 
Udnie  of  that  Ilk,  John  Leith  of  Harthill,  John  Leslie  of  Petcaple,  and  John  Chalmer 
of  Balbithane,  or  any  four  agreeing,  the  Lord  of  Lindores  and  Leslie  of  Balquhane 
being  two  of  the  four.  The  Fiscal  protested  that  the  submission  "  preuidice  nocht  his 
Grace."  James  Hervey  again  became  cautioner  for  the  accuseds  entry  on  4  May. 

Tutory.  James  Chalmer,  brother's  son  to  the  Laird  of  Balbithan.  John  Chalmer 
of  Balbithan  presented  gift  of  Tutory,  dated  27  January  1603,  accepted  office,  took  the 
oath  de  fideli,  found  James  Leslie  in  Ryhill  cautioner  for  him,  whom  he  obliged  himself 
to  relieve. 

April  1 6.  Spuilzie.       Robert  Birny  in  Braklay  Tarves  v.    Alexr.    Follay   there.      May  5 

assigned  for  defences. 

Claim  for  Production  of  a  Lease.  Gilbert  Keithe  of  Auchireis  v.  John  Fraser, 
son  and  apparent  heir  of  Alexr.  Fraser  in  Auchireis,  and  Margaret  Keithe,  his  wife,  John 
Fraser  of  Creichie  his  tutor  and  all  others  his  tutors.  The  demand  was  for  the  pro- 
duction and  exhibition  of  a  lease,  but  of  what  subjects  does  not  appear. 

35 


Aberdeenshire  Sheriff  Court: 
1603. 

April  1 6.  Mill    Multures.      Alexr.    Gordone    at    Kethokismilne    v.     Hew    Hebburne    in 

Pervynneis  and  Elspet  Hervie,  his  wife.  At  this  diet  the  Pursuer  referred  the  case  to 
the  Defenders'  oaths  of  verity.  On  4  May  following  their  oaths  were  taken,  and  being 
negative  of  the  reference,  they  were  assoilzied.  From  their  depositions  it  appears  that 
Elspet  had  been  formerly  married  to  Edward  Drume,  who  died  at  Michaelmas  1 597 , 
and  that  she  married  Hebburne  after  the  beir  was  sown  in  1600. 

Eviction.  George  Elphingstoun,  burgess  of  Abd.  v.  Walter  Wode  of  Fettercarne. 
The  subjects  are  not  mentioned  ;  but  the  Pursuer  produced  an  Assignation  made  to  him 
by  one  Henry  Arbuthnot.  June  23  assigned  for  defences. 

Spuilzie.  John  Gray,  burgess  of  Abd.  v.  John  Kennedy  in  Schedochisley.  No 
particulars  given.  May  4  assigned  for  defences. 

Nature  of  Action  not  disclosed.  James  Urquhart  in  Allanboy  v.  James  Gald  in 
Nethirtoune  and  Patrick  Michell  in  Cowschellauche.  No  particulars  given.  May  4 
was  assigned  for  Gald's  defences,  but  Michell  did  not  appear. 

Mutilation.  James  Mylne  at  the  Mylne  of  Udnie  v.  Thomas  Smyth  in  Boghous. 
Alexr.  Cruikschank,  elder,  burgess  of  Abd.,  who  had  bound  himself  to  enter  Smyth 
for  trial,  did  so  and  was  freed  of  his  caution.  No  one  appeared  to  prosecute,  in  respect 
of  which  and  of  the  production  by  the  accused  of  (i)  Registered  Letters  of  Horning 
against  his  accuser  and  (2)  Royal  letters  of  respite  for  the  crime  charged  against  him  for  a 
period  of  19  years.  In  respect  of  these  he  was  dismissed  from  the  bar. 

Unlawful  Carrying  and  Use  of  Firearms.  James  Miln  at  the  Miln  of  Udnie 
was  bound  over  under  penalty  of  1000  merks  to  take  his  trial  on  23  June  for  the  alleged 
"beiring  weiring  &  schuting  with  pistollis." 

Theft  by  Housebreaking  and  Reset.  George  Turing,  Janet  Straquhan,  Henry 
Russall  and  Thomas  Burnat  were  charged  and  convicted.  The  names  of  the  jury  are 
not  given  here  ;  but  Thomas  Cuming,  burgess,  of  Abd.  was  Chancellor.  The  sentence 
against  the  men  was  that  they  were  "  to  be  tane  to  the  Gallowhill  &  thair  to  be  hangit 
quhill  thay  be  deid  "  while  the  woman  was  "to  be  tane  &  scurgit  throche  the  toun  & 
perpetuallie  baneist  furth  of  this  Shrefdome  &  neuir  to  be  seine  within  the  same  with 
certification  in  caice  scho  contraveine  to  be  drownit  without  fordder  doome  or  law." 
The  houses  of  Dumbennan  and  Monymusk  were  among  those  broken  into.  As  appears 
from  Diet  Book,  Vol.  VII.,  the  jury  numbered  21. 

Killing  a  Child  and  Wounding  the  Mother.  Thomas  and  Alexander  Reith 
in  Petmedden  were  put  on  trial,  but  the  jury  acquitted  them  of  the  charge,  which  was 
of  going  to  a  certain  place  "  and  tacking  of  umquhill  Alexr.  Forbes  sone  to  Normond 
Forbes  in  Petsligo  &  manassing  (threatening)  to  cast  the  said  bairne  upe  &  to  kaip " 
(catch)  "him  on  ane  durk,  lyk  as  thay  did  and  efter  he  was  fallin  to  the  ground  for 
stramping  of  him  with  thair  hands  &  feit  be  occasione  of  the  quhilk  he  departit  this 
present  lyf,  And  for  the  wounding  &  blude  drawing  of  Elspet  Roberlsone  mother  to  the 
said  Alexander  in  saifing  of  the  said  Alexander  hir  bairne  in  dyueris  pairtis  of  hir  bodie 
and  specially  in  the  heid  "  and  for  carrying  firearms.  The  Chancellor  of  the  jury  was 
William  Bruce  of  Cheppiltoune. 


Diet  Books:  Vol.  VIIL,  Part  L,  Contents 

1603. 

April  28.  Theft  by  Housebreaking.     Andrew  Hay  from  Bo'ness,  the  accused,  who  said  he 

had  been  born  in  "  Bownis,"  had  broken  into  a  house  in  Abd.  on  the  previous  day  and 
stolen  "  tua  peks  of  meill,  ane  pair  new  schone  with  a  pair  of  tuedling  scheitts."  On 
pleading  guilty  he  was  sentenced  to  banishment  from  the  SherifFdom,  with  the  usual 
addition  of  hanging  without  trial  if  he  came  back. 

May  3.  Discharge.     Janet   Sangster,   daughter   of  the   late   Gilbert   Sangster  in    South 

Colpnay  and  wife  of  Duncan  Breichin,  appeared  and  discharged  500  merks  and  all 
other  sums  payable  to  her  by  her  husband  under  Marriage  Contract.  Alexr.  Wode  of 
Colpnay  stating  himself  to  be  "oureman  to  the  said  Jonet"  under  her  father's  will, 
protested. 

4.  Eviction  and  Spuilzie  (Infra  25  May).    Wm.  Bruce,  sometime  in  Affleck  now  at 
Mill  of  Furvie  v.  Mr.  Robt.   Lumisden  of  Affleck,  John  Urquhart  of  Culbo,  Tutor  of 
Cromarty  his  curator,  Helen  Urquhart,  widow  of  Wm.  Lumisden,  Chirurgeon,  and  Wm. 
Fywie  in  Altrie  (et  e  contra).     The  Pursuer  had  been  tenant  of  the  shadow  half  of  the 
lands  of  Affleck  in  the  Parish  of  Deir,  from  which  he  had  probably  been  evicted  for  non 
payment  of  rent  and  his  crop  seized  by  the  landlord. 

Claim  for  Arrears  of  Rent.  John  Arthour,  one  of  the  Commissaries  of  Edin- 
burgh, Assignee  of  Robt.  Arthour  of  Kingiswalls  v.  Gilbert  Young  there.  The 
defence  was  that  Robert  Arthour  had  promised  the  Defender  "  sufficient  nichtbour- 
heid  in  plewching  "  and  had  not  done  so  ;  but  he  failed  to  prove  it.  The  price  of  beir 
was  fixed  at  ^10  and  that  of  meal  at  £8  per  boll.  Price  of  poultry  3/4  each.  A  load 
of  peats  2/-  Tallow  5  merks  per  stone. 

5.  Decree  of  Transferring.      Alexr.   Forbes  of  Thainstoune  v.   Patrick   Grant  of 
Ballandaullach,  Walter  Grant,  burgess  of  Banff,  James  Grant  in  Tillibo,  Wm.  Gordone 
of  Gecht  and  George  Gordone,  sometime  of  Creichy  then  in  Straloch.     This  case  arose 
in  connection  with  the  provisions  of  the  Marriage  Contract  entered  into  between  the 
Pursuer  and  Janet  Grant,  sister  of  the  late  Patrick  Grant  of  Ballindalloch,  dated  at 
Turriff  25  and  registered  in  the  Sheriff  Court  Books  of  Aberdeenshire  29  June  both  in 
1565.     On  his  side  Forbes  undertook  to  infeft  his  intended  wife  in  Kirktoun  of  Kynnel- 
lar  in  liferent,  which  he  did,  the  bride's  brother,  Patrick  Grant,  as  principal,  binding 
himself  to  pay  to  the  bridegroom  800  merks,  which  he  had  not  done.     The  cautioners 
for  Patrick  Grant  were  George  Gordone  of  Schewes,  James  Gordone  of  Creichy,  Patrick 
Grant  of  Uavey  and  Mr.  Wm.  Grant  in  Tillibo.     This  action  was  for  the  purpose  of 
transferring  the  liability  for  the  800  merks  to  the  representatives  of  the  original  obligant 
and  his  cautioners,  viz.  :  The  defender,  Patrick  Grant,  as  representing  his  father,  Walter 
and  James  Grant  as  representing  their  father,  Mr.  James  Grant  in  Tillibo,  Win.  Gordone 
of  Gccht  as  eldest  son  and  representing  John  Gordone  of  Gecht,  who  was  heir  or 
representative  of  George  Gordone  of  Schewes,  who  was  heir  or  representative  of  Sir 
George  Gordone  of  Schewes,  Knight,  and  George  Gordone  sometime  of  Creichy  as 
representing  James  Gordone  of  Creichy,  his  father.     Andrew  Grant  of  Rewmoir  and 
Patrick  Grant  of  Davey  were  called  as  representing  their  father,  Patrick  Grant  of  Davey ; 
but  the  libell  was  departed  from  as  against  them.     A  plea  of  payment  was  stated,  but 
no  attempt  was  made  to  prove  it,  so  decree  passed. 

37 


Aberdeenshire  Sheriff  Court: 

1603. 

May  5.  Theft.      Meriorie  Burne,  daughter  to  the  late  John  Burne  in  Fechill,  convicted 

of  the  theft  of  £10  in  April,  was  sentenced  to  scourging  through  the  town,  banishment 
from  the  county  and  drowning  without  trial  if  she  returned. 

n.  Manslaughter.     Thomas  Adame  in  Tilliboy  was  charged  with  "the  crewall  & 

unmercifull  slauchter  of  umquhill  Johne  Chrystie  in  Tilliboy  with  ane  gad  or  trie  upon 
the  day  of  1601  yeiris  be  striking  hurting  wounding  and  oppressing" 

committed  at  Tilliboy.  David  Aidy,  burgess  of  Aberdeen  had  been  cautioner,  but  upon 
the  Sheriff  continuing  the  case  to  23  June  John  Forbes  of  Echt  became  cautioner  for 
;£ioo  to  enter  him  on  that  day.  As  appears  from  Vol.  VIII.  the  accused  was  duly 
presented  for  trial  on  that  date,  but  in  the  absence  of  a  prosecutor  was  discharged. 

17.  Theft  and  Habit  &  Repute.      Thomas  Forsyth  was  convicted  of  five  points  of 

Theft.     To  be  hanged  and  all  his  moveable  goods  to  be  escheat. 

General  Service  (Inq.  Gen,  No.  136).  Henry  Sincler,  son  of  Wm.  Sincler  of 
Auchinfranco.1 

25.  Removing.    Janet  Gordone  v.  James  Gordone  of  Letterfourie.      The  lands  of 

Schanvell  of  Davidstoune  in  the  Lordship  of  Huntly,  of  which  the  Pursuer  was  life- 
rentrix.  This  case,  which  had  been  asleep  since  15  March  1 600,  was  on  the  roll  this 
day  by  continuation  from  27  March  last  to  be  wakened  and  proceeded  with.  The 
Sheriff  depute  gave  effect  to  a  plea  that  the  Defender  had  been  insufficiently  summoned 
for  the  previous  diet  by  an  Aberdeen  Sheriff  Officer — he  being  then  resident  at 
Letterfourie  which  was  in  Banffshire — and  ordered  new  citation.  On  15  June  the 
Pursuer  produced  a  contract  between  James  Futhie  in  Schanwell  and  her,  dated  25  June 
1593,  and  Sasine  thereon  dated  2  July  same  year. 

Decree  for  Arrears  of  Rent  (Sttpm  4  May).  Mr.  Robert  Lumisden  of  Afflek 
and  John  Urquhart,  Tutor  of  Cromarty,  his  curator  v.  Wm.  Bruce,  sometime  in  Afflek 
now  at  Miln  of  Furvie.  The  Pursuer  sued  for  55  bolls  3  firlots  of  victual  as  the 
Defender's  rent  of  the  Shadow  half  lands  of  Afflek  for  1599  and  1600.  The  Defender 
admitted  being  due  for  crop  1599  13^  bolls,  and  for  crop  1600  3  chalders  and  half  a 
boll,  of  which  20  bolls  beir  and  the  rest  meal.  The  price  of  victual  is  said  to  have  been 
"  according  to  the  feirs  respective  of  the  yeiris."  He  admitted  also  being  due  9  Ib. 
butter=2  merks,  18  capons  at  ^3  per  dozen,  3  wedders  at  4  merks  each  and  5  merks 
of  money.  The  Defender's  claim  in  the  action  for  spuilzie  was  reserved. 

Decree  of  Transferring.  James  Johnestoune  of  Badindauche  v.  Cristane 
Dauidsone,  widow  of  Wm.  Cruden  in  Innernothe,  and  Gilbert  Cruden,  his  son,  as 
executors  of  the  deceased  or  intromitters  with  his  estate.  There  was  produced  a  Decree 
of  the  Court  of  date  9  May  1601  against  the  late  William  Cruden  for  II  merks  for  each 
boll  of  18  bolls  meal  for  rent  of  the  west  third  part  of  Carngall  with  £10  of  expenses. 
The  widow  was  found  liable  as  intromitter  with  her  husband's  estate  and  also  in  .£5  of 
additional  expenses.  Gilbert  the  son  was  assoilzied. 

I   In  Dumfriesshire. 
38 


Diet  Books:  Vol.  Vffl.,  Part  L,  Contents 

1603. 

May  25.  Decree  for  Rent.     Isobell  Leslie,  widow  of  John  Forbes  of  Kirktoune  of  Touche, 

&  Wm.  Guthrie,  her  husband  v.  Agnes  Ranie  at  the  Milne  of  Edinbanquhorie,  Alexr. 
Wilsone  in  Edinbanchorie,  Thomas  Wilsone,  his  brother,  Geills  Elmslie  alias  Johnes- 
toune,  widow,  John  Troupt,  her  son,  Alexr.  Elmslie  in  Logy,  Arthur  Forbes  there, 
Wm.  Walshe  there  &  Cristie  Michell.  The  female  Pursuer  claimed  here  a  third  of  the 
rents  of  Edinbanchory  in  Auchindoir  for  crop  and  year  1602  as  widow  of  her  first 
husband.  At  a  previous  diet  (5  May)  she  had  produced  a  Sasine,  dated  28  December 
1594  proceeding  upon  the  Sheriffs  precept,  and  also  an  Instrument  of  Kenning  of  her 
Terce.  Decree  now  passed. 

Blood-drawing1.  Andrew  Sangster  in  Bannakettill  was  charged.  Wm.  Forbes 
of  Tolquhone  had  been  surety  for  the  accused,  whom  he  now  entered  for  trial.  Ap- 
parently Paull  Ray  in  Belhelvy  and  another,  the  injured  parties,  had  received  compen- 
sation and  did  not  appear,  upon  which  the  case  dropped. 

June  I.  Nature  of  Action  not  disclosed.     George  Meldrum  at  the  Newmyll  of  Haltoune  v. 

John  Browne  at  the  Kirk  of  Auchterles.  Continued  to  15  for  defences  and  then  to  23 
June  for  answers.  On  the  latter  date  29  June  was  assigned  to  pronounce  interlocutor. 
This  was  the  last  entry  in  this  volume. 

Decree  of  Removing'.  William  Udny  of  that  ilk  v.  Thomas  Leslie  in  Greyn- 
inches.  The  Pursuer  claimed  to  be  liferenter  of  the  subjects,  as  part  and  pertinent  of 
the  Maynis  of  Newtoune  in  Culsalmond.  His  Sasine,  dated  8  December  1598,  which 
was  produced,  embraced  "  Maynis  of  Newtoune,  Wranghames,  Corne  and  Walk  mylnes 
of  the  same,  Skairs,  Mekill  and  Lytill  Laidinghames." 

4.  Warrandice.     John  Burnat,  son  of  the  late  John  Burnat  sometime  bargess  of  Abd. 

v.  James  Burnat  in  Craigour.  The  Pursuer  produced  copy  of  a  warning  to  remove, 
which  he  had  received,  and  a  lease  dated  13  May  1600.  The  name  of  the  lands  and 
mill  in  question  is  not  given.  The  defences  were  repelled  on  23  June. 

Breach  of  Arrestment.  Mr.  Wm.  Barclay,  Procurator  Fiscal,  and  John  Lesly, 
burgess  of  Abd.  v.  Agnes  Allane  spouse  of  Thomas  Craigheid,  burgess  of  Abd.  The 
Defender  did  not  appear  and  the  case  was  admitted  to  the  Pursuer's  probation. 

Claim  for  Implement  or  Payment.  John  Ogstoun,  younger  in  Auchmacludy, 
Andrew  Keyth  of  Auldmad  and  John  Murray  in  Faithlie,  his  curators  v.  Magnus 
Ogstoun  in  Ardley.  A  bond  containing  the  terms  of  the  sale  of  certain  oxen  was  pro- 
duced, but  no  particulars  are  given.  The  Defender  did  not  appear  and  the  libel  was 
admitted  to  the  Pursuer's  probation. 

Theft  and  Habit  &  Repute.     Thomas  Sym,  son  of  Sym,  Milnvart  in 

Abd.  The  accused  was  "  baneist  and  exyillit"  from  the  county  "and  neuir  to  cum 
within  the  same  with  certificatioune  in  caice  he  war  apprehendit  thairin  to  be  tane  and 
execute  to  the  deithe. " 

39 


Aberdeenshire  Sheriff  Court: 

1603. 

June   8.  Claim  for  Payment.     Mr.  Robert  Lumisden  of  Auchinlek  and  John  Lumisden 

of  Culbo,  his  curator  v.  Wm.  Fywie  in  Altrie  and  Geo.  Low  in  Milntoun  of  Cragmyll. 
The  Pursuers'  Procurator  protested  for  the  highest  prices  of  the  victual  libelled,  but  no 
detail  is  given.  June  23  was  assigned  for  defences,  but  there  is  no  entry  on  that  day. 

9.  Contract  of  Tenancy  (Steelbow).      John   Chalmer  of  Balbithan  and  Thomas 

Arthour  his  servant  in  Wester  Disblair.  "Audit  oxingait  of  the  toune  and  lands  of 
Waster  Disblair"  to  be  occupied  during  the  proprietor's  will  and  pleasure.  The 
contract  contains  a  full  list  of  the  stocking  and  plenishing  handed  over  by  the  proprietor 
to  the  tenant.  The  deed  was  dated  17  February  1602.  Mr.  Robert  Paip,  Advocate, 
was  one  of  the  witnesses. 

10.  Renunciation.     Gilbert  Clube,  burgess  of  Abd.  &  Janet  Crystie,  his  wife,  in  favor 

of  Wm.  Moir,  burgess  of  Abd.  The  consideration  money  was  2500  merks.  The  lands 
which  were  declared  to  be  redeemed  were  part  "  of  the  lands  of  the  Hospitall  of  Sanct 
Petir  "  lying  in  the  Regality  of  the  College  of  Auld  Aberdeen.  The  west  boundary 
was  the  "  Kingis  Commound  gait,"  the  north  the  "  lands  callit  the  Beirsched  pertening 
heritablie  to  Andrew  Keithe  and  the  Tyillburne,"  while  on  the  east  they  were  bounded 
by  "  the  commound  Linx  of  the  said  burght." 

13.  Renunciation.     Isobell  Dalgarno,  only  surviving  child  of  Wm.  Dalgarno  of  that 

ilk  and  Isobell  Meldrum,  his  first  wife,  in  favor  of  Wm.  Dalgarno  of  that  ilk,  her  half 
brother.  The  Lands  of  Craig  of  Garnastoun,  Auldtoun  of  Garnastoun,  Newtoun  of 
Garnastoun,  Collismilne  alias  the  Corne  Milne  of  Garnastoun,  Berrihilloks  and  Walk- 
mylne  of  Garnastoun,  fourth  part  lands  of  Tullimauld  all  in  the  parishes  of  Kingedward 
and  Turriff.  The  consideration  money  to  be  paid  to  Isobell  Dalgarno  was  840  merks, 
besides  her  claim  to  any  tocher  or  other  claims  still  outstanding  which  her  father  had 
against  the  late  Meldrum  of  Iden,  presumably  the  granter's  maternal  grandfather. 

15.  Nature  of  Action  not  disclosed.     George  Gordone  in  Tombrae  and  his  curators  v. 

John  Forbes  in  Boquhane.  A  diet  of  proof.  Defender  was  reponed  on  payment  of 
expenses  of  Pursuers'  witnesses  and  expenses  of  Court,  and  defences  were  ordered  to  be 
lodged  on  June  23,  but  there  is  no  further  entry. 

Decree  for  Rent,  &c.  Mr.  Alexr.  Leslie,  parson  of  Rothes  v.  Andrew  Smith  in 
Edingarah.  Decree  for  40  merks  balance  of  rent  of  a  pleuche  of  Edingarah,  crop  1600. 
21  merks  6sh  8d  borrowed  money.  A  dozen  of  capons  price  of  the  dozen  4osh.  A 
dozen  of  poultrie  price  of  the  dozen  2osh.  A  wedder  33/4,  with  26/8  of  expenses. 

Cutting  Green  Wood.  Wm.  Gordone  of  Geicht  v.  Robert  Cheyne  at  the  Mill 
of  Auchry,  Henry  Kentie  or  Kemptie  at  the  Mill  of  Gourdes,  John  Dovertie  in 
Archedlie,  David  Torrie  at  the  Mill  of  Boquhandauchie,  Andrew  Marnoch  at  the 
Wodheid  of  Fetterletter  and  others.  Some  defenders  appeared  and  got  a  day  fixed  for 
giving  in  defences.  Others  did  not  appear.  There  is  no  further  entry. 

21.  Decree  of  Removing.     George  Chalmer  in  Nothe  v.  Alexr.  Barroun,  George 

Barroun  and  Andrew  Urry  (?  Torry)  all  in  New  Nothe.  The  Pursuer  was  principal 
tacksman  of  the  subjects,  of  which  the  Defenders  were  occupants,  in  virtue  of  an  eight 
years'  lease  granted  by  the  Marquis  of  Huntly  in  favor  of  him  and  his  wife,  Barbara 
Sempill,  dated  20  Jany.  1603. 

40 


Diet  Books :  Vol.  VIE.,  Part  L,  Contents 

1603. 

June  21.  Decree  of  Removing.    John  Forbes  of  Petsligo  z>.  a  number  of  tenants.     The 

protocol  book  of  Mr.  Andrew  Clark,  the  Pursuer's  Procurator,  was  produced,  containing 
Sasine  of  the  Barony  of  Petsligo  dated  13  February  1593-4. 

Decree  of  Removing.  Wm.  Forbes  of  Monymusk  z>.  Wm.  Angous  in  Inver 
and  George  Angous  his  subtenant  and  George  &  Robert  Rothe  there.  The  Pursuer's 
Sasine  was  produced,  dated  28  July  1593-  The  subjects  were  part  of  the  lands  of 
Inver  in  the  parish  of  Monymusk. 

22.  Removing  and  Arrears  of  Rent.     Alexr.  Annand  of  Ochterellon  &.  Thomas  and 
Alexr.  Pirie  in  Mill  of  Ochterellon.     Pursuer's  Sasine  dated  5  May  1603.     Notary  Mr. 
Wm.  Anderson,  Sheriff  Clerk. 

Decree  of  Removing.  Robert,  Commendator  of  Monymusk  v.  Wm.  Touche  & 
Wm.  Gareoche  in  Carnnaveren  Awfurde.  The  Defenders  consented  to  decree  of 
removing. 

23.  Removing.     Alexander,  Lord  Fywie  v.  Janet  Cuming,  widow  of  Alexr.  Burnat  in 
Contlay,  Alexr. ,  James  and  Meriorie  Burnat,  her  children,  and  Patrick  Jak  in  Bainshill. 
The  Defenders  were  occupiers  respectively  of  Overcontlay  and  Bainshill.     The  Pursuer 
had  the  gift  of  the  ward  and  non-entries  of  the  Barony  of  "  Cultar-Cumyng  "  in  Peter- 
culter.     June  29  assigned  for  defences. 

Spuilzie.  Wm.  Irving,  elder  in  Hoill-mill  v.  Alexr.  Chalmer,  son  of  the  late 
Alexr.  Chalmer  of  Cults  and  Jeane  Lumsden,  his  widow.  "  Ane  quhyt  meir,  ane  blak 
meir  and  ane  braikit  steir  "  were  claimed. 

Removing.  George,  Earl  Merschell  v.  Wm.  Murray  in  Mintlay.  The  case  had 
been  remitted  to  probation;  but  at  this  diet  the  Defender  produced  "ane  emergent 
defence  "  and  gave  his  oath  to  it,  upon  which  answers  were  ordered  for  next  day. 

Decree  of  Removing.  Francis  Cheyne  of  Cragitarves  v.  John  Cormak  in 
Calsiecroft.  The  croft  was  on  the  lands  of  Craigie,  of  which  the  Pursuer  was  owner. 
Sasine  dated  30  March  1586-7.  The  Defender  alleged  a  verbal  promise  of  a  liferent 
tenancy,  but  the  Pursuer  denied  this  on  oath. 

Decree  of  Removing.  Robert  Keyth  in  Ardmaucher  v.  Wm.  Gall  and  Alexr. 
Andersone  in  Ardmaucher.  The  Defenders  occupied  a  fourth  and  an  eighteenth  of 
Ardmaucher  in  Deir.  Pursuer's  Sasine  dated  3  Octr.  1602. 


Illustrative  Examples  taken  from  Vol.  VHI,  of  Diet  Books,  Part  L 

Proceedings  relating  to  Occupancy  of  Land 

I. — ABSTRACTED  MULTURES 

(4  May  1603) 

The  said  day  in  the  terme  assignit  to  Hew  Hebburne  in  Pervynneis 
to  gif  the  declaratour  of  his  aythe  and  to  cum  and  bring  with  him  Elspet 
Hervie  his  spous  and  gif  hir  aythe  &  declaratour  thairof  siclyk  In  the 
actione  &  caus  perseuit  be  Alexr  Gordone  at  Kethakismiln  Compeirit 
the  perseuer  with  Mr  Alexr  Irving  his  procuratour  and  desyrit  the  dyat 
to  be  satisfeit,  Ex  aduerso  compeirit  the  said  Elspet  &  being  suorne 
Deponit  that  umquhill  Eduard  Drwme  hir  husband  deceist  at  the  feist  of 
Michealmes  or  thairby  1597  yeiris  quhilk  yeiris  cornis  fell  under  executrie 
&  was  mellit  with  be  the  executouris  of  the  said  umquhill  Eduard,  and 
as  for  the  remanent  yeiris  the  persewar  resauit  just  multur  for  the  haill 
cornis  that  grew  upone  the  ground  and  suld  haue  cum  to  the  mylne  and 
that  scho  abstractit  nane  the  yeiris  libellit  the  seid  &  teynd  being  deducit 
quhilk  was  frie,  And  the  said  Hew  now  hir  spous  deponit  that  he  mareit 
the  said  Elspett  in  the  yeir  of  God  1600  yeiris  eftir  the  sawing  of  the  beir 
seid,  and  knawis  nathing  of  the  abstractit  multurs  the  yeir  preceiding  and 
as  for  the  croptis  1600  and  1601  yeirs  Deponit  the  seid  &  teynd  being 
deducit  that  he  abstractit  nane  of  his  cornis  beir  nor  aittis  fra  the 
persewars  miln  that  was  subiect  thairto  in  onywayis  or  that  thollit  fyre 
and  watter  within  the  ground.  In  respect  of  the  quhilk  depositionis  [the 
Sheriff  depute  assoilzied  the  Defenders  from  the  Pursuer's  claim]. 

II. — THE  CUSTOM  OF  NEIGHBOURHOOD 

(4  May  1603) 

The  said  day  in  the  actione  &  caus  of  byrwne  dewateis  perseuit  at 
the  instance  of  Mr  Johne  Arthour  ane  of  the  Comissaries  of  Edinburgh 
assignay  lauchfullie  constitute  be  Robert  Arthour  off  Kingiswalls  aganis 
Gilbert  Young  in  Kyngiswallis  for  ten  bolls  wictuall  [&c.  &c.  &c.]  for  the 
said  Gilbertis  occupatione  of  four  oxingait  lands  of  the  Overtoune  of 
Kingiswallis  lyand  within  the  Fredome  &  Shrefdome  of  Abd.  of  the  cropt 
&  yeir  of  God  1597  yeirs  as  in  the  persewaris  libell  raisit  thairanent  at 
mair  lenthe  is  contenit  Compeirit  James  Dauidsone  procuratour  for  the 
persewar  and  producit  ane  summondis  deulie  execute  &  indorsate  to  this 

42 


Diet  Books:  Vol.  Vffl.,  Part  L,  Illustrative  Examples 

day  aganis  the  said  Gilbert  to  heir  &  sie  the  said  Robert  Arthour  gif  the 
declaratour  of  his  aithe  of  veritie  upone  the  peremptour  exceptione 
proponit  be  the  said  Gilbert  &  admitit  to  his  probatione  in  the  said  caus 
quhilk  he  referrit  to  the  said  Robertis  aithe  of  veritie  beirand  in  effect 
that  gif  ony  sic  set  was  as  is  libellit  that  was  upon  speciall  conditione 
that  the  said  Robert  suld  find  sufficient  nichtbourheid  in  plewching  to  the 
said  Gilbert  the  yeir  libellit  utherwayis  he  suld  haue  bene  frie,  and  that  it 
is  trew  that  he  fand  na  nichtbourheid  quhairthrow  the  land  lay  waist  that 
haill  yeir  onlabourit,  and  according  to  the  said  summondis  desyrit  the 
Shref  to  caus  the  said  Robert  gif  the  declaratour  of  his  aithe  and  to 
pronunce  decreit  condampnatour  conforme  thairto  And  the  said  Robert 
being  present  at  the  bar  Deponit  that  he  promeist  nichtbourtie  according 
to  the  said  exceptione  and  that  the  defender  refuisit  the  same  saying  my 
oxin  was  onie  stark  aganis  his  &  that  he  wald  caus  his  simple  beistis  do 
his  turne  quhilk  was  bot  ane  four  oxingait  land  :  In  respect  of  the  quhilk 
depositione  the  Shref  fand  that  the  said  Gilbert  hes  succumbit  in  the 
probatioune  of  the  peremptour  exceptioun  as  the  same  was  proponit, 
And  thairfoir  Decernit  and  Ordanit  him  To  pay  and  delyuir  to  the  said 
Complener  assignay  forsaid  the  said  ten  bolls  wictuall  thairof  ten  firlottis 
beir  &  the  rest  meill  price  of  the  boll  beir  ten  lib  price  of  the  boll  meill 
aucht  lib  nyne  pultrie  price  of  the  pece  thrie  sh.  iiijd  xl  laid  of  peitts 
price  of  the  laid  tua  sh.  ane  stane  tallou  price  thairof  fywe  marks,  and 
fywe  marks  money  and  that  for  the  said  Gilberts  occupatione  of  the  said 
four  oxgait  lands  of  Kyngiswalls  for  the  said  cropt  &  yeir  of  God  1597 
yeirs.  And  ordanit  preceptis  to  be  direct  [&c.  &c.] 

III. — CONTRACT  OF  STEILBOW  OR  STEELBOW1 

(9  June  1603) 

The  said  day  In  presens  of  ane  honourabill  man  Johne  Gordone  of 
Boigis  Shref  deput  of  Abd  Compeirit  personallie  Mr  Williame  Chalmer 
procuratour  for  Johne  Chalmer  of  Balbithane  and  Thomas  Arthour 
pairteis  contractours  within  writtin  and  gaif  in  the  contract  efter  specifeit, 
and  desyrit  the  same  to  be  insert  and  registrat  in  the  Shreff  Judicial! 
Buiks  of  Abd  To  the  effect  that  executione  may  follou  thairupone 
according  to  the  tenour  of  the  same,  quhilk  desyre  the  Shreff  thocht 
ressonable  and  ordanit  the  said  contract  to  be  insert  &  registrat  in  the 

I  The  Editor  has  used  the  name  by  which  this  Contract  has  commonly  been  known  ;  but  it 
is  not  the  name  used  by  the  lawyers  who  drew  up  this  particular  Contract  of  letting.  They 
adopted  the  designation  "Teilbow,"  and  it  can  hardly  be  assumed  that  they  did  so  per  incuriam 
or  without  due  deliberation,  or  that  in  what  is  evidently  a  careful  transcription  the  same  clerical 
error  should  occur  twice.  Tillage-goods  would  not  be  an  unnatural  rendering  of  "Teilbow," 
and  would  also  express  the  inwardness  of  the  transaction. 

43 


Aberdeenshire  Sheriff  Court: 

saids  bulks,  and  executorialls  direct  thairupone  at  ayther  of  the  saids 
pairteis  instances  for  fulfilling  of  the  heids  of  the  said  contract  ilk  ane  to 
utheris  and  moneist  the  saids  persones  in  the  persone  of  the  said  Mr  Wa 
thair  procuratour  to  observe  and  keip  the  said  contract  heids  poynts  and 
claussis  thairof  hinc  inde  to  utheris  under  the  panes  thairin  contenit,  Of 
the  quhilk  contract  the  tenour  follows. — 

Att  Abirdene  the  sewinteine  day  of  Febr  the  yeir  of  God  ane 
thousand  sex  hundrethe  &  tua  yeiris.  It  is  appoynted  contractit  fayth- 
fullie  obleist  agreit  &  endit  betuixt  ane  honourabill  man  Johne  Chalmer 
of  Balbithane  on  the  ane  pairt  and  Thomas  Arthour  his  servand  in 
Waster  Disblair  on  the  uther  pairt  in  maner  forme  &  effect  following. 
That  is  to  say  the  said  Johne  Chalmer  hes  enterit  and  be  thir  presents 
enteris  the  said  Thomas  In  and  to  aucht  oxingait  of  the  said  towne  and 
lands  of  Waster  Disblair  with  the  pertinents  lyand  within  the  Regalitie 
of  Lundoris  Baronie  of  Fintray  and  Shrefdome  of  Abd  as  greif  and 
servand  to  him  thairof  To  be  occupeit  joisit  and  possessit  be  the  said 
Thomas  as  servand  forsaid  during  the  said  Johnis  will  and  plessour  And 
siclyk  the  said  Johne  hes  presentlie  delyuerit  be  ane  Sties1  to  the  said 
Thomas  sevvin  oxin  thrie  ky  thrie  horssis  ane  meir  four  yowis  tua  hoggis 
with  the  oxin  pleuche,  pleuche  geir,  harrowis  curraks  creills,  cruik 
saiddels  spadds,  fiftie  four  bollis  aitts  with  the  fodder,  ane  meit  burde 
traistis  and  formes,  ane  almerie  ane  auld  lang  sadill  bedd  ane  weschell 
bink,  tua  standing  bedds  ane  wairstaw,  ane  girnall,  tua  irne  pottis,  tua 
brasin  pannis,  sex  peutir  plaitts  fywe  truncheors  of  peutir  tua  kists  with 
tua  lytill  rvvks  of  beir  estimat  to  tuelf  bolls  beir  with  the  fodder.  To  be 
keipit  in  teilbow  be  the  said  Thomas  to  the  said  Johne  for  labouring  of 
the  saids  lands.  Of  the  quhilk  beir  thair  is  ten  bolls  ten  peks  to  be 
presentlie  intrometit  with  be  the  said  Johne  for  the  ferme  beir  of  the  said 
aucht  oxgait  landis  of  the  last  cropt  in  Anno  1601  yeiris,  And  the  said 
Thomas  declairis  that  it  is  and  sal  be  in  the  said  Johnis  awin  will  at  his 
plessour  but  perrell  of  law,  actioune  of  evectioune,  spoylzie,  intrusioune 
or  uthir  actioune  quhatsumewir  quhilk  the  said  Thomas  now  as  than  and 
than  as  now  renuncis  to  mell  &  intromet  with  ye  said  aucht  oxingait 
lands  guidis  and  geir  forsaid,  and  sa  lang  as  the  said  Johne  tollerattis  the 
said  Thomas  to  occupie  the  saids  lands  and  bruik  the  saids  guids  To 
pay  and  delyver  to  the  said  Johne  yeirlie  twentie  bolls  sufficient  ait  meill 
rin  met  and  ten  bolls  beir  with  ane  pek  to  ilk  boll  thairof,  sex  caponis 
tuelf  pultrie,  ane  wedder,  sex  elm's  custome  lyning  and  ane  pleuchis  pairt 
of  peittis  yeirlie  at  the  termes  usit  &  vont  And  as  concerning  the  guids 
and  geir  gewin  in  teilbow  as  said  is,  the  same  ar  lauchfullie  compryisit  be 
Johne  Gilgour  and  Alexr  Chalmer  messingeris  and  Thomas  Chalmer 

I  The  Editor  has  been  unable  to  find  a  meaning  for  this  word.     If  it  is  a  contraction,  it 
might  be  the  latter  part  of  the  word  "Traistis,"  a  roll  or  catalogue.     [Vide  p.  15  Supra.'] 

44 


Diet  Books:  Vol.  Vffl*,  Part  L,  Illustrative  Examples 

officier  to  the  said  Johne  and  of  the  said  pryces  and  according  thairto 
resauit  by  the  said  Thomas  Arthour  To  be  restorit  as  thay  be  requeirit 
equivalent  thairto  all  fraud  &  gyill  secludit,  And  for  sure  observing  of  the 
premissis  the  saidis  pairteis  ar  content  &  consentis  that  thir  presentis  be 
insert  &  registrat  in  the  buiks  of  Counsall  Comissar  or  Shreff  Court  buiks 
of  Abd  to  have  the  strenth  of  ane  confessit  act  and  judicial  decreit  with 
executorialls  of  poynding  and  horning  the  ane  but  preuidice  of  the  uther 
to  pas  thairon  one  ane  singill  charge  of  sex  dayis  And  to  that  effect 
constituts  Mr  Wa  Chalmer  &  ilk  ane  of  thame  thair  lauchfull  procuratours 
To  consent  heirto  promitten  de  rato  &ca  In  faithe  and  witness  quhairof 
the  saids  pairteis  hes  subscryvit  thir  presents  with  thair  hands  The  body 
quhairof  is  writtin  be  Mr  Wm  Chalmer  notar  publict  in  Abd  day  yeir 
and  place  forsaids,  befor  witnessis  Alexr  Moutray  burges  of  Abirdcin 
Mr  Robert  Paip  Advocat,  Mr  Henry  Buchane  burges  of  the  forsaid  burgh 
and  Ardy  (Archibald)  Lams  thair  Sic  Subr  Johne  Chalmer  of  Balbithane, 
Thomas  Arthour  forsaid  with  my  hand  at  the  pen  led  be  the  notars 
underwrittin  at  my  command  becaus  I  culd  nocht  wreit  Ita  est  Magister 
Guilielmus  Chalmer  notarius  publicus  de  speciali  mandato  dicti  Thome 
scribere  nescientis  ut  asseruit  rogatus  et  requisitus.  Ita  est  Gilbertus 
Thomsone  conotarius  publicus  in  premissis  de  speciali  mandato  dicti 
Thome  scribere  nescientis  ut  asseruit  rogatus  et  requisitus.  Mr.  Robert 
Paip  witnes  Maister  Henrie  Buchane  witnes  Ardy  Learns  witnes 
Alexander  Mowtray  witnes. 

Criminal  Proceedings 

I. 

(16  March  1603) 

The  said  day  in  the  terme  assignit  to  James  Hervie  sone  to  Andrew 
Hervie  of  Elrik  to  entir  &  present  Bartholl  Leslie  in  Cheppiltoune  Wm 
Leslie  sone  to  Patk  Leslie  Alexr  Hervy  brother  to  the  said  Andrew 
Johne  Home  in  Cheppiltoune  Johne  Davidsone  sone  to  Johne  Davidsone 
in  Cheppiltoune  Henrie  Leang  thair  Wm  Forbes  thair  Johne  Lidding- 
hame  thair,  Wm  Gib  thair  Johne  Gray  thair  and  Johne  Browster  thair 
To  underly  the  law  for  the  hurting  wounding  and  blude  drawing  of 
Patrick  Leslie  of  that  ilk,  George  Leslie  his  sone  &  George  Wode  his 
seruitor,  Compeirit  the  said  James  and  enterit  the  said  Bartholl  Leslie 
Wm  Leslie  &  Alexr  Hervie  upone  pannall  and  protestit  he  be  frie  of  his 
cautionarie  &  the  Shref  dispensit  with  the  rest  of  the  said  defenderis 
nocht  compeirand  in  respect  the  pairtie  past  fra  thame,  Ex  aduerso 
compeirit  Mr  Wm  Barclay  Procuratour  fiscall  with  the  said  Patk  Leslie 
and  his  said  sone  and  producit  ane  summondis  deulie  execute  &  indorsate 
to  this  day  aganis  the  saids  defenders  To  underly  the  law  for  the  caussis 
foirsaids,  and  the  defenderis  under  protestatione  nocht  confessand  ony  of 

45 


Aberdeenshire  Sheriff  Court: 

the  crymes  contenit  in  the  said  libell,  Thay  declairit  thay  wald  nocht 
kyithe  in  jugement  aganis  the  Laird  of  Leslie  nor  his  sone,  hot  being  sa 
leist  of  blude  to  him  as  thay  war  with  all  humilitie  &  reuerence  wald 
submit  thame  selfis  &  all  actionis  ciuil  &  criminall  to  the  Laird  of  Leslie 
his  awin  will  and  jugement,  lyk  as  on  the  uther  pairt  the  said  Patrick 
Leslie  of  that  ilk  and  George  Leslie  his  sone  acceptit  the  offer  in  quantum, 
and  becaus  it  wald  seme  sclanderous  to  him  to  accept  the  jugementis  of 
the  saids  actionis  upone  himself  beand  his  awin  particularis,  The  said 
Patrik  and  George  referrit  the  decisione  of  the  saids  actionis  bayth  ciuil 
&  criminall  to  the  decisione  of  Patrick  Lord  of  Lundoris,  Johne  Leslie  of 
Balquhane  Jon  Leslie  of  Wardres  Patrick  Leslie  of  Kincragie  Jon  Keyth 
of  Ravynscrage  Wm  Udnie  of  that  ilk  Johne  Leyth  of  Harthill  Johne 
Leslie  of  Petcaple  and  Johne  Chalmer  of  Balbithane  or  ony  four  of  thame 
agreand  in  ane  voce  the  said  Lord  of  Lundoris  and  the  said  Johne  Leslie 
of  Balquhane  beand  tua  of  thame  lyk  as  the  said  Bartholl  and  his  colligs 
foirsaids  ar  content  and  consents  that  the  said  amicable  compositours  in 
numer  &  in  maner  foirsaid  be  juges  to  cognosce  upone  ony  actionis  ciuil 
&  criminall  ather  of  thame  may  laye  to  the  said  Patk  and  his  said  sonis 
charge  or  that  ather  of  thame  may  lay  to  utheris  chargis  for  ony  caussis 
bygane,  and  the  saids  pairteis  hinc  inde  obleissis  thame  to  convene  with 
thair  saids  freinds  or  ony  four  of  thame  betuixt  &  the  last  day  of  Apryill 
nixt  to  cum  at  the  Cheppil  of  Gareoche,  thair  to  subscryue  ane  designit 
blaynk  to  the  effect  foirsaid,  withe  power  to  the  freinds  conveneand  at 
the  said  Cheppil  Gareoche  to  prorogat  the  said  submissione  as  neid  beis 
in  caice  off  absence  of  the  said  Lord  of  Lundoris,  and  during  that  ilk 
tyme  all  actionis  to  ceiss  betuixt  the  saidis  pairteis,  and  interea  bayth 
the  saids  pairteis  assuiris  utheris  that  nather  of  thame  sail  invade  utheris 
be  ony  kind  of  hostilitie  or  invasione  under  the  pane  of  peruirie  &  infamie 
and  utheris  panes  contenit  in  the  Actis  of  Parliament,  To  the  quhilk  the 
Shref  foirsaid  interponit  his  auctoritie  and  ordanit  the  said  Bartholl 
Williame  &  Alexr  to  set  caution  for  thair  reentrie  agane  to  the  secund 
day  of  the  Heid  Pasche  Court  nixt  to  cum  to  underly  the  law  for  the 
cryme  forsaid  sa  far  as  the  actione  may  concerne  the  Kings  Maiesty.  In 
quhais  name  Mr  Wm  Barclay  Procuratour-fiscall  protestit  that  the 
submissioune  of  the  pairteis  preiudge  nocht  his  Grace,  and  the  saids 
pairteis  of  thair  awin  consent  renuncit  all  uther  jugement  and  jurisdic- 
tione  for  the  kingis  pairt  except  the  jurisdictione  of  the  Shref  of  Abd. 
and  his  deputs,  and  the  said  Bartholl  Wm  and  Alexander  set  &  fand  the 
said  James  Hervie  of  new  agane  cautioune  for  thair  entrie  under  the 
panes  contenit  in  the  Actis  of  Parliament  to  the  said  secund  day  of  the 
Heid  Pasche  court  nixt  and  the  saids  pairteis  obleist  thame  to  releif  thair 

(This  case  does  not  appear  again  in  the  Diet  Book  Vol.  VIII.,  but  it  crops  up  in  the  Rough 
Diet  Book,  Vol.  VII.,  under  date  4  May.)     ( Vide  Siipra  p.  15). 


Diet  Books:  Vol.  VIII.,  Part  L,  Illustrative  Examples 

cautioner  of  the  premissis  quhairon  the  saids  persones  hinc  inde  tuik  act 
of  Court  &  Instrument. 

II. 

(Palme  Sounday  Ewin  16  Apl.  1603) 

The  said  dey  George  Turing  Jonet  Strqn  Henrie  Russall  &  Thomas 
Burnat  alias  Nicoll  was  pannallit  &  accusit  for  certane  crymes  of 
thift  &  recept  of  thift  airt  &  pairt  of  the  same  quha  being  put  to  the  tryell 
of  certane  persones  of  Assyis  summondit  to  this  day  to  that  effect,  be  the 
mouthe  of  Thomas  Cuming  burges  of  Abd  thair  chanceller,  Convictit  the 
said  Isobell  [sic]  Straqn  upone  the  secunde  artickle  for  being  airt  &  pairt 
with  her  umquhill  father  &  mothers  factis  &  deids,  Convictit  the  said 
George  Turing  upone  the  sext  artickle  for  the  braking  of  the  hous  of 
Dumbenan,  Convictis  the  said  George  Jonet  Henrie  &  Thomas  of  the 
nynt  artickle  for  the  braking  of  ane  hous  in  the  Ord  Convictis  the  said 
Thomas  Burnet  of  the  sewint  artickle  for  steilling  of  Isobell  Cullanis 
gowne  Convictis  George  Turing  upone  the  aucht  artickle  for  the  braking 
of  Alexr.  Setownis  hous  of  Ardconnan,  Convictis  George  Turing  upone 
the  xiij  artickle  for  the  steilling  of  Niniane  Setownis  geiss  Convictis 
Henrie  Russall  Thomas  Burnet  &  George  Tureing  for  the  cuming  to  haue 
brokin  umquhill  Duncane  Russalls  hous  Convicts  the  said  Thomas 
Burnet  upone  the  xv  artickle  for  the  braking  of  Andro  Burnetis  hous  in 
Badyvin  Convictis  the  said  Thomas  upone  the  xvj  artickle  for  the 
braking  of  the  hous  of  Monymusk  Convictis  George  Tureing  upon  the 
xviij  artickle  for  the  steilling  of  Ronald  Cheynis  buittis  &  Convictis  the 
saids  haill  four  persones  as  commoun  theiffis  be  oppin  voce  &  commoun 
fame.  And  thairfor  the  Shref  ordanit  the  saids  George  Turing  Henrie 
Russall  and  Thomas  Burnat  to  be  tane  to  the  Gallowhill  &  thair  to  be 
hangit  quhill  thay  be  deid  &  the  said  Jonet  Straqn  to  be  tane  &  scurgit 
throche  the  toun  &  perpetuallie  baneist  furth  of  thir  Shrefdome  &  nevir 
to  be  sein  within  the  same  with  certificatioun  in  caice  sho  contraveine  to 
be  drownit  without  forder  doome  or  law,  quhilk  was  gewin  for  doome  be 
the  mouthe  of  Hutcheon  Ross  dempster. 

III. 

(28  April  1603) 

The  said  dey  Andrew  Hay  quha  allegit  himself  to  be  borne  in 
Bownis  was  tane  &  apprehendit  for  the  stricking  upe  of  Isobell  Reid 
spous  to  Richard  Moir  Wricht  her  hous  &  thifteous  steilling  furthe  thairof 
upone  the  xxvij  day  of  Apryill  instant  of  tua  peks  meill,  ane  pair  new 
shone  with  ane  pair  of  tueidlein  sheitts  quhilk  he  confessit,  In  respect  of 
the  quhilk  he  was  ordanit  to  be  baneist  with  his  awin  consent  &  scurgit 
throw  the  toun  &  neuir  to  be  seine  within  the  Srefdome  of  Abd.  and  in 

47 


Aberdeenshire  Sheriff  Court 

caice  he  be  appreh'endit  or  sein  within  the  same  to  be  tane  &  hangit 
without  forder  doome  or  law  quhilk  was  gewin  for  doome  be  the  mouthe 
of  Andrew  Canzeoche  dempster 

IV. 

(5  May  1603) 

The  said  day  Meriorie  Burne  Dochter  to  umquhill  Johne  Burne  in 
Fechil  was  convicit  be  ane  assyis  for  thifteous  steilling  fra  James  Wode 
in  Wodland  the  soume  of  Ten  lib  monie  in  Apryill  last  quhilk  sho  con- 
fessit,  and  thairfor  the  Shref  ordanit  her  to  be  scurgit  throche  the  toun 
and  perpetuallie  baneist  and  exiyiliit  this  Shrefdomeof  Abd.  and  in  caice 
sho  be  sene  or  apprehendit  heireftir  within  the  same  to  be  tane  &  drownit 
without  ony  forder  law  or  doome  quhilk  was  gewin  for  doome  be  the 
mouthe  of  Hutcheon  Ross  dempster 


48 


Table  of  Contents  of  Vol.  Vffi.  of  Diet  Books.    Part  IL 

1600. 

May   10.  Special  Service  (Inq.  Spec.  Abd.  No.  68).     John  Davidsone,  heir  of  provision  to 

John  Davidsone,  sometime  in  Wester  Fintray,  his  uncle.  Mill  of  Petcapill,  Mill  Lands, 
with  the  multures  and  sequels  in  the  Barony  of  Petcapill.  Held  blench  of  Duncan  Leslie 
of  Petcapill.  In  non-entry  since  death  of  ancestor  on  II  June  1599. 

1601. 

Jany.  13.  Special  Service.     John  Leyth  to  Patrick  Leyth  of  Harthill,  his  father.      The 

Daache  of  Tulloche  with  pertinents  in  the  Parish  of  Monymusk  and  Regality  of  St. 
Andrews,  in  special  warrandice  of  the  parsonage  and  vicarage  of  the  Parish  Church  of 
Oyne.  Held  blench  of  the  Marquis  of  Huntly.  The  values  are  not  filled  in.  In  non- 
entry  since  death  of  ancestor  on  26  August  1597. 

May  30.  Special  Service  (Inq.  Spec.  Abd.  No.  76).     Mr.  Wm.  Gordoune  to  Alexr.  Gor- 

doune  of  Abirzeldie,  his  immediately  elder  brother.  The  Barony  of  Abirzeldie,  including 
the  Lands  of  Abirzeldie,  Eistoune  and  Glencalladeyr.  Held  of  the  Crown  in  ward  and 
relief.  In  hands  of  the  Crown  since  death  of  ancestor  on  3  January  1601. 

April  22.  Curatory.     Barbara  Gordoune,  second  lawful  daughter  of  the  late  Sir  John  Gor- 

doune, of  Pitlurge,  knight,  John  Gordoune  of  Pitlurge,  Mr.  Robert  Gordoune,  his 
brother  german,  John  Gordoune  of  Auchannachie,  John  Gordoune,  his  son,  Abraham 
Forbes  of  Blacktoune  and  James  Forbes  of  Lethintie  were  called  as  next  of  kin  on 
the  father  and  mother's  sides ;  but  none  appeared  except  Abraham  Forbes,  who  was 
chosen,  finding  George  Ogilvie  of  Auchanny  as  his  cautioner. 

June   2.  General  Service.    John  Allardes  in  Auld  Abd.,  sister's  son  and  heir  of  Alexr.  Hay, 

burgess  of  Abd. 

General  Service.     Patrick  Bisset  to  Margaret  Bisset,  his  mother. 

3.  General  Service.     Peter  Davidsone  to  Jasper  Stewart  in  Kennertie,  his  immed- 

iately elder  brother. 

13.  Tutory.    Win.  Keyth,  elder,  Wm.  Keyth,  younger,  and  Margaret  Keyth,  "naturall 

bairnis "  to  the  late  Sir  Wm.  Keyth  of  Dclneis,  knight.  Alexr.  Keyth  of  Carnes 
presented  gift  of  the  office  under  the  great  Seal,  dated  at  Falkland  12  June  1599,  gave 
his  oath  defideli  and  found  John  Keyth  of  Rawinscraig  as  his  cautioner. 

July  31.  Special  Service.     Mr.  Wm.  Gordoune  of  Abirzeldie  to  Alexr.  Gordoune  of  Abir- 

zeldie, his  father.  Balblair,  Midmar,  Kynnarnie,  Corssfield,  Bethlyne  in  the  Parish  of 
Midmar.  Old  value  4  merks.  Present  value  1 6  merks.  Held  blench  of  the  Marquis 
of  Huntly.  In  the  hands  of  Janet  Irving,  mother  of  the  heir,  as  conjunct  fiar  since  the 
death  of  the  ancestor  on  23  January  1601.  Reserving  the  liferents  of  the  said  Janet 
Irving  and  of  Margaret  Macintoshe,  widow  of  Alexr.  Gordoune  of  Abirzeldie,  the  heir's 
elder  brother. 

G  49 


Aberdeenshire  Sheriff  Court: 

1601. 

May  29.  Curatory.     George  Leslie  of  Auld  Craig,  son  of  the  late  Mr.  Robert  Leslie  of 

Auld  Craig.  Duncan  Leslie  of  Petcappill,  John  Gordon  of  Auchannachie,  Mr.  Robert 
Elphinstoune,  Tutor  of  Glak,  Andrew  Meldrum  of  Drumbrek,  and  Thomas  Meldrum 
of  Camalynes,  then  in  Creichnaleid,  were  called  as  next  of  kin.  The  minor  chose  Mr. 
George  Abercrombie,  Commissary  of  Aberdeen,  James  Leslie  of  Mylnetoune  of  Dur- 
noche,  Mr.  William  Leslie  of  Warthill,  Mr.  William  Andersone,  Sheriff  Clerk  of 
Aberdeen,  Duncan  Leslie  of  Petcapill  and  Patrick  Leslie  of  Kincraigie  or  any  three  of 
them.  Of  these  Messrs.  Abercrombie  and  Andersone,  James  Leslie  and  Mr.  Wm.  Leslie 
accepted  office. 

Augt.  22.  Special  Service1  (Inq.  Spec.  Abd.  No.  78).     Alexr.  Annand  of  Ochterellone  to 

Alexr.  Annand  of  Ochterellone,  his  father.  Wester  and  Easter  Ochterellone  and  others 
in  Barony  of  the  same,  held  blench  of  the  Earl  of  Crawford.  Ower  Mandurnoch  in 
Regality  of  Abirbrothok,  held  in  feu  farm,  formerly  of  the  Abbot  or  Commendator  and 
Convent  of  Abirbrothok,  and  now  of  John,  Marquis  of  Hamilton,  Lord  of  Abirbrothok. 
In  non-entry  since  death  of  ancestor  on  17  July  1601.  Margaret  Fraser,  his  widow, 
who  survived  him,  was  conjunct  fiar  of  Mandurnoch.  There  was  also  reserved  to  her 
the  liferent  of  Easter  Ochterellone. 

Octr.   6.  Revocation.     John  Leslie  of  Wardes,  stating  himself  to  be  between  20  and  21 

years  of  age,  revoked  deeds  granted  to  his  hurt  during  his  minority,  and  specially  (i) 
A  Contract  for  the  disposition  to  George  Earl  Merschell  of  the  Over  and  Nether  Dauchs 
of  Kintore  and  Mill  and  Mill  lands  thereof.  (2)  A  Contract  on  the  disposition  of  the 
lands  of  Brigend  and  for  a  Set  and  Allocation  of  the  lands  of  Mylntoune  of  Durnoch  to 
his  uncle,  James  Leslie. 

Deer.  15.  Special  Service.1    William  Watsone,  son  of  Alexander  Watsone.     The  Croft  of 

Brigend  with  houses  and  buildings,  formerly  occupied  by  Matthew  Dempster  and  David 
Shand,  in  the  Barony  of  Auchterless-Dempster.  Held  of  Thomas  Dempster  of  Auch- 
terless  in  feu  farm  for  payment  of  £4.  and  also  of  6sh  for  6  capons  and  3sh  for  6 
"pultrie."  Alexr.  Watsone  died  in  April  1588. 

19.  Revocation.     Alexr.  Gordoun,  son  and  heir  of  the  late  George  Gordoun,  sometime 

of  Tulloche,  revoked  specially  (i)  an  Assedation  made  by  him  to  Alexr.  Cruikschank, 
burgess  of  Abd.,  of  his  "  Northwest  forland  &  gardein  within  the  haugh  "  on  the  east 
side  of  the  Gallowgate.  (2)  a  Disposition  of  his  inland  yard  and  pertinents  in  the 
"  Gastraw  "  betwixt  the  land  of  Mr.  John  Cheyne  of  Petfichie  on  the  South,  and  the 
land  of  Alexr.  Rutherford  on  the  North.  (3)  the  Assedation  made  to  Jamesones 

of  his  lands  of  Tulloche,  within  the  Freedom  of  Aberdeen.  A  general  revocation  is 
added. 

24.  Revocation.    George  Leslie,  eldest  son  of  the  late  Mr.  Robert  Leslie  of  Auld  Craig, 

revoked  specially  (i)  an  Alienation  made  by  his  father,  Mr.  Robert  Leslie,  with  his 
consent,  to  Duncan  Leslie  of  Pitcapill,  of  the  Kirktoune  of  Daviot,  Brewcroft,  &c.  (2) 
a  Contract  of  Excambion  between  his  father,  with  his  consent,  and  the  said  Duncan 
Leslie,  of  the  third  part  lands  of  Rothmais  and  Keltiswall,  for  the  lands  of  Rossewat 
and  Mill  of  Pitcapill,  &c.  Also  a  general  revocation. 

i  This  service  is  recorded  out  of  date  in  the  original,  being  entered  among  the  services 
of  1607. 

5° 


Diet  Books:  VoL  VIE.,  Part  H,  Contents 

1602. 

Jany.  31.  Service — Tutory.     John  Forbes,  son  of  John  Forbes  of  Ardmurdo.     Mr.  Alexr. 

Forbes,  Rector  of  Fettercarne,  uncle  on  the  father's  side  appointed  in  terms  of  findings 
of  the  jury. 

Special  Service  (Inq.  Spec.  Abd.  No.  81).  Marjorie  Duncane,  one  of  the  three 
daughters  of  Jas.  Duncan  of  Merdrum.  Balschynnie  and  Balnakellie,  in  the  parish  of 
Leochel.  Corbanchorie  in  the  Barony  of  Cushnie.  Morthlik  with  its  Mill,  in  warran- 
dice  of  Corbanchorie.  Kirktoun  of  "  Leocheall,"  Shadow  half  of  Wester  Fowlis, 
Craigmylne  with  its  mill  &c.  in  the  parish  of  "  Locheall,"  Ower  Menmoir,  Nethar 
Menmoir  with  its  croft,  &c.  The  sunny  half  of  Mill  of  Carneculie,  Burnend  of  Carne- 
culie,  in  Cushnie,  Owertowies  with  croft  called  Lonesyd  and  Cowfurd  in  the  Barony  of 
Towie.  Owerboigis  with  the  ward  beneath  the  bog  of  Moinrie,  Merdrum  in  the  Barony 
of  Strathbogie.  Balchynnie  and  Balnakellie  held  blench  of  John  Lumisden  of  Cushnie. 
Corbanchorie  and  Morthlik  held  blench  of  John  Forbes  of  Tollies.  Kirktoune  of 
"  Lochell,"  shadow  half  of  Wester  Foulls,  Craigmylne  held  blench  of  Alexr.  Gordoun 
of  Baldornie.  Over  and  Nether  Menmoirs,  Milne  of  Carneculie  and  Burnend  held 
blench  of  Arthur  Forbes  of  Carneculie.  Overtowies  with  Lonsyd  and  Cowfurd  held 
blench  of  John  Forbes  of  Towies.  Ower  boigis  held  blench  of  William  Gordoune  of 
Auchindoir.  Merdrum  held  of  the  Marquis  of  Huntly  in  feu  farm  for  payment  of  4O/- 
In  non-entry  since  death  of  James  Duncane  in  November  1601.  The  liferent  of  Janet 
Lumisden  the  widow  was  reserved. 

Febry.  3.  Service — Terce.     Janet   Lumisden,  widow  of  James  Duncane.      Her  terce  of 

foregoing  lands. 

23.  Special  Service.      Robert  Tumour  to  John  Tumour,  portioner  of  Kinmonatie, 

his  grandfather.  Half  the  town  of  Kinmonatie,  sometime  occupied  by  the  deceased 
and  Grisel  Roise,  his  wife,  and  Duncan  Durvart,  respectively  in  the  Shire  of  Erase. 
With  pasture  in  the  forest  of  Erase  and  Glenawyne  and  half  the  commonly  of  Glencat. 
Formerly  held  of  the  Bishop  of  Aberdeen,  then  of  the  Crown  in  feu  farm  for  payment 
°f  £3)  witn  duplicand  on  the  entry  of  heirs.  In  non-entry  since  death  of  ancestor  in 
July  1594- 

General  Service.  Robert  Tumour  to  John  Tumour,  portioner  of  Kinmonatie, 
his  grandfather. 

March  27.  Special  Service.    Robert  Alshoner  to  Alexr.  Alshoner,  his  uncle.     2\  ploughs  = 

20  oxengait  of  Haltoun  of  Baheluies  in  the  Barony  of  Baheluie.  Old  value  IO/- 
Present  value  4O/-  Held  blench  of  Lord  Glames.  In  hands  of  Isobell  Rae,  widow  of 
Alexr.  Alshoner,  in  conjunct  fee  since  his  death  in  December  1601.  Reserving  the 
widow's  rights. 

Special  Service  (Ing.  Spec.  Abd.  No.  82).  Andrew  Leslie  to  Wm.  Leslie,  son 
of  John  Leslie  of  Bannachie,  his  brother.  The  Church  lands  of  Logiedurnocht,  &c.  in 
the  parish  of  the  same.  Held  of  the  Crown  in  feu  farm  for  payment  of  4  merks,  6/8. 
In  non-entry  since  death  of  John  Leslie  in  April  1595. 

51 


Aberdeenshire  Sheriff  Court: 

1602. 

April  13.  Special  Service  (Inq.   Spec.   Abd.  No.  83).      John  Leslie  of  Wardes  to  John 

Leslie  of  Cultis,  his  father.  The  Lands  of  Cultis  in  the  Regality  of  the  Gareoche. 
Held  of  Patrick  Leslie  of  that  Ilk  for  service  of  ward  and  relief.  In  hands  of  Agnes 
Crichtoune,  his  widow,  as  conjunct  fiar,  since  her  husband's  death  in  October  1587- 
Widow's  rights  reserved. 

Special  Service.  James  Bannerman  to  Alexander  Bannerman,  his  father.  Half 
Lands  of  Asleid  in  Barony  of  Kellie.  Held  of  John,  Earl  of  Mar  in  feu  farm  for 
payment  of  .£8.  In  non-entry  since  death  of  ancestor  on  3  January  1602. 

Special  Service  (Inq.  Spec.  Abd.  No.  84).  Sir  Thomas  Gordoun  of  Clunye,  Knt. 
to  John  Gordoun  of  Clunye,  his  father.  The  Towns  and  Crofts  called  the  lands  of  the 
Forest  of  Bras,  viz.  :  Knokieknow  vulgo  the  Langledrik,  the  Spittell,  Glencat  and 
Achabrek  in  the  Shire  of  Bras.  Held  formerly  of  the  Bishop  of  Aberdeen,  afterwards 
.  by  act  of  annexation  of  the  Crown  for  payment  of  ^10  for  the  old  duty,  with  an 
augmentation  of  3/4.  In  non-entry  since  death  of  ancestor  in  June  1586. 

May  5.  Special  Service.       Robert  Hunter  and  Marjorie  Reid,  as  co-heirs  of  Robert  Reid 

of  Annatis.  Shadow  pleugh  of  Dursaill  in  the  parish  of  Aufurd.  The  lands  of  Annatis 
with  mill,  &c.  Tomads,  Tornavein,  Barslasie  in  the  parish  of  Kincardyne  O'Neill. 
Dursail  held  in  feu  farm  from  Alexander  Calder  of  Asloune  for  payment  of  26/8. 
Annatis  held  of  John,  Lord  Forbes  in  feu  farm  for  payment  of  26/-  All  the  lands  in 
non-entry  since  death  of  ancestor  in  January  1602. 

ii.  Special  Service  ([nq.  Spec.  Abd.  No.  85).     George  Leslie  to  Mr.  Robert  Leslie 

of  Auld  Craig,  his  father.  Lands  of  Auld  Craig  in  Daviot.  Formerly  held  of  the 
Bishop  of  Aberdeen  but  annexed  to  the  Crown,  in  feu  farm  for  payment  of  ^4  of  rent 
I7/-  for  grassum.  5  Chalders  of  £8  p.  chalder.  24  capons  or  8/-  per 

dozen.  24  poultrie  or  4/-  per  dozen.  6/8  for  services.  3/4  of  augmentation.  Dupli- 
cand  of  £,$  io/-  on  entry  of  heirs.  In  non-entry  since  death  of  ancestor  in  September 
1600. 

25.  Curatory.     James  Crichtone  of  Condlayne.     There  were  called  James  Crichtone, 

servitor  to  Sir  James  Crichtone  of  Frendraucht,  William  Crichtone  at  New  Mylne  of 
Boyne,  the  said  Sir  James  Crichtone,  Alexr.  Innes  in  Slaawche  and  Robert  Innes  in 
Elrik  ;  but  only  the  last  named  appeared  and  offered  himself  as  Curator.  John  Leslie 
of  Duncanstoune  and  Robert  Spence  in  Cultis  were  however  chosen,  for  whom  George 
Crichtone  of  Perdarge  was  cautioner. 

21.  General  Service.     Alexr.  Keyth  to  George  Keyth  in  Biffie,  his  father.     The  wife 

of  George  and  mother  of  Alexr.  Keyth  was  Isobell  Kennedie. 

June  9.  Service — Terce.     Katherine  Stewart,  widow  of  Robert  Reid  in  Annats.      Her 

third  of  the  shadow  plough  of  the  town  and  lands  of  Dursaill  in  the  parish  of  Aufurd. 

23.  Special  Service.     John  Keyth  to  Alexr.  Keyth  in  Petmedden,  his  father.     Sunny 

third  part  of  Mains  of  Petmedden  with  houses,  buildings,  &c.  in  the  parish  of  Ellon. 
Held  blench  of  Sir  Walter  Ogilvie  of  Findlater,  Knight.  Old  value  io/-  Present 
value  4O/-  In  non-entry  since  death  of  ancestor  on  5  April  1602. 

52 


Diet  Books:  Vol.  VIIL,  Part  H,  Contents 

1602. 

July  22.  Revocation.     Helen  King,  lawful  daughter  of  Andrew  King  in  Hilbray,  revoked 

generally  all  deeds  granted  in  minority  and  specially  alienations  made  to  John  King, 
burgess  of  Abd.  and  James  King,  burgess  of  Danskeyne,  either  with  consent  of  her 
father,  tutors  or  curators  or  without  such  consent,  of  "hir  richt  &  tittill  quhilk  scho  had 
&  hes  to  the  guids  geir  merchandice  dettis  sowmes  of  money  &  uthers  pgrteining  to 
umquhill  Thomas  King  merchand  travelland  within  the  Kingdome  of  Poly  her  brother 
germane  and  that  micht  fall  and  perteine  be  his  deceis." 

Special  Service.  Mr.  Alexr.  Barclay  to  Walter  Barclay  of  Newtoune  of  Gareoch, 
his  brother.  Kinnarochie  and  Fortrie  with  salmon  fishing  on  the  Ythan.  Also  half  of 
the  Kirktoune  of  Drumblait,  mill,  &c.  in  the  Barony  of  Barclay.  All  held  of  the  Crown 
for  service  of  ward  and  relief.  In  hands  of  Katherine  Forbes,  widow  of  the  deceased,  as 
conjunct  fiar,  since  his  death  in  April  1591.  The  widow  with  consent  of  her  second 
husband,  William  Ogilvie,  agreed  to  the  service ;  but  the  right  of  property  in 
Kinnarochie  and  the  salmon  fishing  was  reserved  to  Alexr.  Annand  of  Ochterellon. 

Novr.  12.  Service — Idiotrie.     Mr.  William  Skeyne  was  found  to  be  "  incompos  mentis  fatuus 

et  naturaliter  idiota."  His  brother,  Robert  Skeyne,  was  appointed  to  take  charge  of 
his  estate.  Among  the  jurors  were  John  Forbes  of  Towie,  Wm.  Straquhine  of  Glen- 
kyndie,  Alexr.  Straquhine  Yor.  of  Glenkyndie,  Andrew  Straquhine  of  Grigfardoch, 
John  Forbes  of  New,  Alexr.  Irving  of  Craigtoune,  John  Kinnair,  servitor  to  Lord 
Glamis,  John  Burnet  of  Sluy  and  Wm.  Forbes  of  Pettewquhy  and  along  with  them  a 
number  of  burgesses.  (Infra  p.  64.) 

Service — Terce.  Margaret  Mclntoshe,  widow  of  Alexr.  Gordoun  of  Abirzeldie. 
Her  terce  of  the  Lands  and  Barony,  reserving  to  Jonet  Irving,  the  deceased's  mother, 
the  terce  which  she  already  had. 

18.  General  Service.     George  Leslie  to  his  brother,  John  Leslie,  who  was  eldest  son 

of  Patrick  Leslie  of  that  Ilk. 

Special  Service  (Ing.  Spec.  Abd.  No.  88).  George  Barclay  to  Walter  Barclay  of 
Newtoune,  his  brother.  Kynnarochie  and  salmon  fishing  on  the  Ythan  as  described  in 
the  service  of  Mr.  Alexr.  Barclay  on  22  July  (supra). 

Deer.  22.  General  Service.     Isobell  Craigheid  to  John  Craigheid  in  Fiddes,  her  brother. 

1603. 

March  4.  Special  Service  (Inq.  Spec.  Abd.   No.   90).       Alexr.   Irving  of  Drum  to  Alexr. 

Irving  of  Drum,  his  father.  This  is  the  record  of  proceedings  in  a  Court  held  by  John 
Gordone,  the  ordinary  Sheriff  depute  and  by  Mr.  Richard  Irving  and  William  Gray 
late  Baillies  of  Aberdeen,  as  Sheriffs  depute  of  Aberdeen,  Kincardine  &  Banff  and 
Baillies  of  the  Regality  of  St.  Andrews,  Aberbrothok,  Lindores  and  Torphichen,  by 
virtue  of  Royal  Commission,  dated  I  Deer.  1602.  The  date  of  the  ancestor's  death  is 
given  as  9  June  1602. 

July  19.  General  Service.      George  Stewine  to  Mr.  James  Stewine  of  Orchartoune,  his 

father. 

53 


Aberdeenshire  Sheriff  Court : 

1603. 

July  20.  Special  Service  (Inq.  Spec.  Abd.  No.  91).  Wm.  Dalgarno  of  that  Ilk  to  Wm. 

Dalgarno  of  that  Ilk,  his  father.  The  Lands  of  Garnastoune  and  Crage.  Auldtoun  of 
Garnastoune  and  %  part  of  Tillimaid.  Held  of  the  Crown  for  service  of  ward  and 
relief.  In  non-entry  since  death  of  ancestor  in  September  1590.  There  was  a  reser- 
vation of  a  liferent  of  part  of  the  lands  to  Christiane  Udnie,  wife  of  Duncan  Forbes  of 
Byth. 

Octr.  4.  Service — Tutory  (Inq.  Tut.  No.  38).  Walter,  Gilbert,  Mary,  Margaret  and 

Isobell  Gardyne,  lawful  children  of  Mr.  Gilbert  Gardyne  of  Bothis.  Their  paternal 
uncle,  Mr.  Thomas  Gardyne  of  Blairtoune,  was  served  as  Tutor. 

15.  Curatory.     George  Archbauld  alias  Leithe,  son  of  David  Archbauld  alias  Leithe. 

There  were  called  as  nearest  relatives  on  both  sides,  John  Archbauld  alias  Leithe  in 
Auld  Craige,  John  Archbauld  alias  Leithe  younger  in  Petblair,  James  Leslie  in  Ryhill 
and  Alexr.  Leslie  in  Warthill.  The  minor  chose  Mr.  Wm.  Leslie  of  Warthill,  James 
Leslie  in  Ryhill  and  Andrew  Archbauld  in  or  any  two  of  them.  Mr.  Wm. 

Leslie  and  Andrew  Archbauld  were  present,  accepted  office  and  found  Andrew  Aber- 
crombie  at  the  Mill  of  as  cautioner. 

Novr.    I.  Curatory  (incomplete).     George  Leslie,  eldest  lawful  son  to  Patrick  Leslie  of  that 

Ilk.  The  next  of  kin  called  were  John  Leslie  of  Balquhane,  John  Leslie  of  Wardes, 
Mr.  Wm.  Leslie  of  Warthill,  Patrick  Leslie  of  Kincraigie,  Wm.  Udnie  of  that  Ilk,  Sir 
Patrick  Barclay  of  Towie  Knt.,  John  Keyth  of  Ravinscraig.  The  minor  chose  the 
whole  of  these  or  any  four,  of  whom  the  lairds  of  Balquhane  and  Wardes  must  be  two. 

17.  Curatory.     Mr.  William  Cardnocht,  lawful  son  of  Thomas  Cardnocht,  sometime 

in  Boginejohne.  The  next  of  kin  called  were  Mr.  John  Cardnocht,  brother  of  the 
minor,  Edward  Cardnocht  servitor  to  "my  ladie  Balquhane,"  Patrick  Smyth  in  Fraser- 
burgh,  Alexr.  Cardnocht  at  the  Kirktoune  of  Phillorth,  John  Urquhart  of  Culbo, 
George  Seatoune  of  Schethine,  Mr.  Alexr.  Seatoune  in  Bomakellie,  Alexr.  Seatoune  in 
Aberdeen,  Mr.  James  Roise,  Minister  there  and  Mr.  Robt  Paip,  Advocate  there. 
There  were  chosen  Mr.  James  Roise  and  Mr.  Robert  Paip,  for  whom  Mr.  John 
Cardnocht,  the  minor's  brother,  became  cautioner. 

29.  General  Service.     Patrick  Forbes  in  Cloak  to  William  Forbes,  his  brother. 

General  Service  Refused.  John,  Lord  Forbes,  as  heir  general  of  the  late  Dame 
Elizabeth  Keythe,  Lady  Forbes.  Mr.  Andrew  Clerk,  Procurator  for  Lord  Forbes, 
having  produced  the  Breif  and  petition  for  service,  Mr.  Robert  Paip  produced,  as 
Procurator  for  John  Pattoun  in  Ferochye,  letters  of  horning  against  Lord  Forbes  and 
stopped  the  proceedings. 

Deer.  20.  Special  Service.      Alexander  Smyth   alias   Chalmer  in   Ladiesfurd,  as  heir  of 

conquest  to  Alexr.  Smyth  alias  Chalmer  in  Brigend  of  Tyrie,  son  of  his  paternal  uncle. 
Two  crofts  of  land  called  Brigend  of  Ardlay  and  Cowburtie  in  the  Barony  of  Phillorth. 
Held  of  Sir  Alexr.  Fraser  of  Phillorth,  Knight,  in  feu  farm  for  payment  of  4O/-  In 
non-entry  since  death  of  predecessor  in  October  1603.  The  conjunct  fee  of  Isobel 
Ranie,  widow  of  the  deceased  was  reserved. 

General  Service.  John  Smyth  alias  Chalmer  in  Dunlugus,  to  Alexr.  Smyth  alias 
Chalmer  in  Brigend  of  Tyrie,  son  of  his  paternal  uncle. 

54 


Diet  Books:  Vol.  VIE.,  Part  IL,  Contents 

1604. 

Jany.  10.  General  Service.     Wm.  Cheyne  to  Gilbert  Cheyne  of  Tilliburies,  his  father. 

Feby.  18.  Revocation.      Mr.   Thomas  Johnstoune,  grandson  a'nd  heir  to  the  late  Gilbert 

Johnstoune,  sometime  of  Standenstaines,  made  a  general  revocation  of  deeds  granted  in 
minority  and  specially  of  an  acquittance  and  discharge  to  his  uncle,  John  Johnstoune,  of 
his  intromissions  as  his  tutor. 

March  14.  General  Service.      Matthew  Lumisden  to  Alexr.  Lumisden  in  Drumlasie,  his 

father. 

April  17.  Special  Service  (Inq.  Spec.  Abd.  No.  93).     George  Meldrum,  Senior  of  Ardfork, 

as  heir  of  entail  to  George  Meldrum,  Junior  of  Ardfork,  his  son.  The  shadow  half  of 
Ardfork,  &c.  in  Bathelnie.  In  non-entry  since  death  of  George  Meldrum,  junior,  in 
September  1603. 

May  30.  General  Service.     Robert  Ferquharsone  to  George  Ferquharsone  of  Deschour, 

his  father. 

Octr.  2.  Special  Service  (Inq.  Spec.  Abd.  No.  95).      James  Skeene,  as  heir  to  Alexr. 

Skeene  of  that  Ilk,  his  father,  The  Lands  and  Barony  of  Skeene,  &c.  Held  of  the 
Crown  for  service  of  ward  and  relief.  The  lands  of  Tillibraloch,  Tillinahilt  &c.  held  of 
David,  Earl  of  Crawford  "pro  servicio  dimedii  unius  sagittarii  in  bello  regis,"  and  for 
payment  of  a  pair  of  gilt  spurs  yearly  if  asked.  Reserving  the  liferent  of  Katherine 
Stewart,  his  father's  widow,  of  the  sunny  half  of  Auchlok,  and  to  Margaret  Skeene, 
widow  of  the  late  Alexr.  Skeene  of  Letter,  her  liferent  of  Letter,  Brumhill,  Newtoun, 
half  Auchlok  and  half  of  Tarriewall  in  warrandice.  The  predecessor  died  in  July  1604. 

Novr.  10.  Curatory.     William  Keyth  of  Ludquharne.     The  next  of  kin  called  were  George, 

Earl  Mershell,  Robert  Keyth  of  Benholme,  John  Keyth  fear  of  Troup,  Alexr.  Keyth 
of  Balmuir,  Nathaniel  Keyth  of  Coclaw,  Alexr.  Keyth  of  Troup,  Wm.  Gordoune  of 
Gicht,  Alexr.  Keyth  of  Carnes,  Wm.  Leisk  of  that  Ilk  and  Henry  Gordoune  of  Dilspro. 
The  curators  chosen  were  the  Earl  Mershell,  Sir  Alexr.  Fraser  of  Fraserburgh,  knight, 
Robert  Keyth  of  Benholme,  Robert  Arbuthnott  of  that  ilk,  James  Gordoune,  younger 
of  Lesmoir,  Wm.  Leslie  of  that  Ilk,  Ifarie  Gordoune  of  Dilspro  and  Wm.  Knox  in 
Creichie  or  any  three  of  these,  with  Mr.  Wm.  Reid,  Advocate  in  Aberdeen  as  Curator 
ad  lites.  The  lairds  of  Dilspro  and  Benholme  were  present,  accepted  office  and  became 
security  for  each  other. 
1605. 

Jany.  4.  Service — Tutory.     James  and  Margaret  Davidsone,  children  of  Alexr.  Davidsone 

in  Kincardine  O'Neill.  James  Davidsone,  elder  brother  of  Alexr.  Davidsone,  appointed 
Tutor. 

March  23.  Special  Service  (Inq.  Spec.  Abd.  No.  96).     Patrick  Leyth,  as  heir  of  Wm.  Leyth 

of  Liklieheid,  his  father.  Part  of  the  lands  of  Auchlevin,  Ardoyne,  Harlaw  and 
Liklieheid  in  the  Regality  of  the  Gareoch  and  Barony  of  Bairnes.  In  non-entry  since 
death  of  ancestor  on  25  June  1598. 

Special  Service.  Marjorie  Innes,  as  heir  to  Robert  Innes  at  Mill  of  Dunnideer, 
her  father.  Chappeltoun  of  Comalegie  in  the  parish  of  Drumblait.  Held  of  John 
Lyone  of  Comalegie  in  feu  for  payment  of  4<D/-  In  non-entry  since  death  of  ancestor  in 
June  1600. 

55 


Aberdeenshire  Sheriff  Court: 

1605. 

March  23.  General  Service.     Alexr.  Gordoune  of  Clunie  to  Sir  Thomas  Gordoune  of  Clunie, 

his  father. 

Special  Service.  Alexr.  Gordoune  of  Clunie  to  Sir  Thomas  Gordoune  of  Clunie, 
his  father.  The  towns  and  lands  of  Syid  and  Mill  of  the  same  and  Peill  thereof,  with 
the  toll  of  the  market  called  Trewll  Fair.  Ailhous  croft  of  Syid  and  Arnebrig, 
Erlisfield,  Sygieden  in  the  parish  of  Kinnethmont  and  Barony  of  Balquhane.  Also 
Kirkhill  and  pendicle  called  Moistoune.  And  in  special  warrandice  of  the  foregoing, 
the  lands  of  Logiedurnocht,  New  mylne  of  Knokallachie,  Newlands,  Craigtowie, 
Craigmylne  and  Nethertoun  of  Knokinblewis  and  others  in  the  parishes  of  Logiedur- 
nocht, Oyne,  and  Inverurie.  The  whole  subjects  held  of  the  Crown  in  feu  farm.  In 
non-entry  since  death  of  ancestor  in  December  1604. 

May  29.  Service — Terce.     Johanna  Douglas,  widow  of  James  Skeene  of  that  Ilk.     Her 

terce  of  the  lands  and  Barony  of  Skeene. 

June  12.  General  Service.     John  Forbes,  heir  to  John  Forbes  of  Craigtoun,  his  father. 

26.  Curatory.     Andrew  Leslie,  eldest  lawful  son  of  John  Leslie  in  Boigs.     The  next 

of  kin  called  were  John  Leslie  of  Balquhane,  Mr.  Wm.  Leslie  of  Civile  his  brother, 
John  Arbuthnot  of  Carnega  and  Wm.  Arbuthnot  his  brother.  John  Leslie  of  Bal- 
quhane, Mr.  Wm.  Leslie,  John  Gordoun  of  Bogis,  John  Arbuthnot  and  Wm.  Arbuthnot 
or  any  two  of  them  were  chosen,  John  Gordoun  being  one.  He  and  John  Arbuthnot 
accepted  office,  took  the  oath  defideli,  and  became  cautioners  each  for  the  other. 

July  13.  Special  Service  (Inq.   Spec.  Abd.   No.  98).      David  Knowis  as  heir  to  Alexr. 

Knowis,  burgess  of  Abd.,  his  father.  Salmon  fishings  of  the  Cruffis  of  Don.  In  non- 
entry  since  death  of  ancestor  in  January  1587. 

24.  Revocation.     William  Andersone,  eldest  lawful  son  of  Robert  Andersone,  made  a 

General  Revocation,  and  also  a  Special  Revocation  of  a  contract  between  Wm. 
Johnstoune  elder  in  Inverurie  and  George  Johnstoune,  brother  to  John  Johnstoune  of 
that  Ilk,  relating  to  the  disposition  of  the  third  part  Staines  [?  Stanners]  of  Inverurie. 

Octr.  i.  Special  Service.      Arthur  Forbes  as  heir  to  Alexr.  Forbes  of  Carncowlie,  his 

father.  An  annual  rent  of  14  merks  from  the  lands  of  Carnecowlie  and  Drumquhallie 
in  the  Barony  of  Cushnie.  The  lands  held  blench  of  George  Forbes,  nephew  and  heir 
of  Alexr.  Forbes  of  Auchintowll.  Old  value  I2d.  Present  value  4/-  In  non-entry 
since  death  of  ancestor  in  October  1587. 

Deer.  4.  Service — Terce.    Margaret  Cruikshank,  widow  of  William  Bruce  of  Chappeltoune 

of  Essilmont.     Her  terce  of  the  town  and  lands  of  Lochill  of  Colliestoune. 

1606. 

Feby.  8.  Special  Service  (Inq.  Spec.  Abd.  No.  99).     George  Gordoune  of  Gicht  to  Wm. 

Gordoune  of  Gicht,  his  father.  As  heir  male  and  of  entail  to  Badichells,  Ower  and 
Nether  Murefundlands,  Ower  and  Nether  Swanfurd,  Blachrye,  Mackterrie  and  Mill  of 
Mackterrie  in  the  Barony  of  Fyvie.  William  Gordoune  died  in  October  1605. 

General  Service.  George  Gordoune  of  Gicht  to  Wm.  Gordoune  of  Gicht,  his 
father. 

56 


Diet  Books:  Vol.  VIIL,  Part  IL,  Contents 

1606. 

March  13.  Service — Tutory.      Margaret   Cheyne,    lawful    daughter   of  Alexr.    Cheyne   in 

Bathelnie.     William  Cheyne  in  Essilmont,  her  paternal  grandfather,  appointed  Tutor. 

July  31.          Special  Service.     George  Leslie  of  Creichie,  heir  of  conquest  to  Mr.  Wm.  Leslie 
of  Warthill,  his  immediately  elder  brother.     The  shadow  half  of  Mekill  Warthill  in  the 
Regality  of  Gareauche  held  blench  of  John  Leslie  of  Wardes.     Old  value  4O/-     Present 
value  £8.     Also  a  croft  on  the  East  side  of  the  King's  highway  leading  from  Old 
Aberdeen  to  the  Bridge  of  Don,  held  of  Peter,  Bishop  of  Aberdeen  in  feu  farm,  for 
payment  of  2O/-     Ancestor  died  in  March  1606. 
1607. 
Feby.  27.  General  Service.     John  Knox  to  Win.  Knox  in  Creichie,  his  father. 

May  25.  Service — Tutory.     William,  Marjorie,  Janet  and  Egidia  or  Geils  Keyth,  lawful 

children  of  George  Keyth  in  Kindrocht.  Mr.  Samuel  Keyth  of  Tullituthill  and  Joseph 
Keyth  in  Auchtilair  chosen  Tutors. 

March  3.  General  Service.      Robert  Gordoun  to  Patrick  Gordoun  of  Tulloquhowdie,  his 

father. 

17.  General  Service.     John  Forbes  of  Fichlie  to  James  Forbes  of  Fichlie,  his  father. 

April  22.  Special  Service.      Isobell  and  Marjorie  Cheyne  to  Alexr.  Cheyne  in  Haltoun, 

their  brother.  Two  part  lands  of  Grayis  Fortrie,  Meikle  Mylne  of  Essilmont  upon  the 
Ithan  in  the  Barony  of  Essilmont.  Two  part  of  the  multures  of  Taartie,  Two  part  of 
four  bovates  of  Bourhill  in  the  parishes  of  Ellon  and  Logiedurno  respectively.  Old 
value  22/-  Present  value  £4  8/-  Also  the  third  part  of  Chappeltoun  of  Essilmont  in 
the  Barony  of  Essilmont.  Old  value  li/-  Present  value  4<D/-  Alexr.  Cheyne  died  on 
14  March.  Various  liferents  were  reserved. 

26.  Special  Service  (Inq.  Spec.  AbJ.  No.  107).     Alexr.  Straquhan  of  Thornetoun  to 

Alexr.  Straquhan  of  Thornetoun,  his  grandfather.  Culquhorsie,  Kirktoun  of  Echt, 
Knokquharne,  Hilsyd,  &c.  in  Barony  of  Clunie.  Held  blench  of  the  Marquis  of 
Huntly.  The  ancestor  died  in  May  1601. 

May  5.  Special  Service  (Inq.  Spec.  Abd.  No.  108).      Alexr.  Forbes  of  Towies  to  John 

Forbes  of  Towies,  his  father.  The  Barony  of  Towies.  Held  of  the  Crown  for  service 
of  ward  and  relief.  In  non-entry  since  death  of  ancestor  on  17  March  1603. 

General  Service.     Wm.  Keyth  of  Ludquharne,  to  Wm.  Keyth  of  Ludquharne, 
his  grandfather. 

General  Service.     John  Bisset  to  Patrick  Bisset  of  Lessindrum,  his  uncle.     It 
would  appear  that  the  ancestor  died  in  the  reign  of  Queen  Mary. 

20.  General  Service.     Patrick  Cheyne  to  Mr.  Gilbert  Cheyne  of  Crowie,  his  father. 

July  1 8.  Curatory.     Andrew  Thome,  lawful  son  of  Adam  Thome  in  .     The  next 

of  kin  called  were  Alexr.  Thome  in  the  Mylntoune  of  Crathis,  Duncan  Thome  in  Leyis, 
Wm.  Morisone,  David  Malcolme,  John  Irving,  Mr.  Robert  Davidson,  Advocate  in  Abd. 
Mr.  Robert  Davidsone  was  chosen  as  Curator,  for  whom  David  Malcome  became 
cautioner. 

22.  General  Service.     John  Forbes  of  Brux,  to  John  Forbes  of  Brux,  his  grandfather. 

»  57 


Aberdeenshire  Sheriff  Court: 

1607. 

June  4.  Service — Tutory.     Janet  Forbes,  lawful   daughter  of  Alexr.    Forbes   in    Bred- 

hauche.     William  Forbes,  the  pupil's  uncle,  was  appointed  Tutor. 

General  Service.     Janet  Forbes  as  heir  to  Alexr.  Forbes  in  Bredhauche. 

Octr.  6.  Special  Service  (Inq.  Spec.  Abd.  No.  in).     William  Hay  of  Urie  to  John  Hay 

of  Urie,  his  father.  The  Barony  of  Cremond,  &c.  Held  of  the  Crown  for  service  of 
ward  and  relief.  Wm.  Hay  died  on  6  Febry.  1607. 

7.  Service — Terce.     Agnes  Innes,  widow  of  James  Crichtone  of  Condland  and  wife 

of  Alexr.  Chalmer  of  Ramarrok.  Her  terce  of  Pardarge  and  Toux  croft  at  the  Church 
of  Forgue,  and  sunny  half  of  Condland  and  shadow  third  of  the  same  in  the  Barony  of 
Frendraucht. 

Novr.  4.  Special  Service  (Inq.  Spec.  Abd.  No.  112).      William  Keyth  of  Ludquharne  to 

William  Keyth  of  Ludquharne,  his  grandfather.  Lands  of  Ludquharne  in  Barony  of 
Kellie,  held  of  John.  Earl  of  Mar.  Balmuir  and  Myrsyd  in  Barony  of  Balmuir  held  of 
John,  Earl  Marischal.  Glebe  of  the  Church  of  Fettirangus  held  of  the  vicars  of  the 
Church.  In  non-entry  since  death  of  ancestor  in  the  end  of  July  1604. 

Special  Service  (Inq.  Spec.  Abd.  No.  113).  William  Keyth  of  Ludquharne,  to 
William  Keyth  of  Ludquharne,  his  grandfather.  The  dominical  lands  of  Essilmont, 
held  of  the  Crown  for  service  of  ward  and  relief.  The  rights  of  the  heirs  of  Wm.  Mar, 
burgess  of  Abd.  and  Mr.  Alexr.  Cullane,  burgess  there,  and  of  Ladies  Helenor  Bruce 
and  Helen  Cheyne  not  to  be  prejudiced. 

Deer.  2.  General  Service.    Patrick  Bisset,  burgess  of  Abd.  to  Margaret  Bisset,  his  mother. 

1 6.  Special  Service.      Marjorie  Spens,  Matilda  Spens,  Isobell  Spens,  three  of  the 

four  co-heiresses  to  Alexr.  Spens  at  Mill  of  Knokinbaird,  their  uncle.  Mill  of  Knokin- 
baird  and  croft  adjacent.  The  lands  of  Auldtoun,  on  the  east  side  of  the  road  leading 
to  Wranghame.  The  lands  of  Henrieshauch  and  the  Dammis  otherwise  called  the 
Haughs,  with  teinds,  &c.  with  privilege  of  an  inn  and  brewhouse.  Held  blench  of 
John  Leslie  of  Wardes.  Old  value  2O/-  Present  value  ^4.  In  non-entry  since  Alexr. 
Spens  died,  in  January  1593-4.  The  rights  of  Bessie  Spens,  a  fourth  sister,  were  not  to 
be  prejudiced. 

19.  Special  Service  (Inq.  Spec.  Abd.  No.  114).     Alexr.  Cuming  of  Culter  to  Alexr. 

Cuming  of  Culter,  his  father.  Baronies  of  Tilliboy  and  Culter,  &c.  Held  of  the  Crown 
as  free  baronies  for  service  of  ward  and  relief.  The  Barony  of  Tilliboy  was  held  by 
Helen  Wood,  widow  of  the  ancestor,  in  conjunct  fee,  and  the  Barony  of  Culter,  of  old 
called  Culter  de  Ardbeik,  in  the  hands  of  the  Crown  by  reason  of  ward,  from  the  death 
of  the  ancestor  in  March  1603  to  November  1607,  and  by  reason  of  non-entry  until  this 
date.  Without  prejudice  to  the  rights  of  Alexr.  Burnet  of  Leyis  and  Wm.  Blakhall,  as 
heirs  of  the  late  Alexr.  Burnat  in  Contlay  and  Janet  Cuming,  his  widow. 

1608. 
Feby.  18.  General  Service.     Isobell  Craighead  to  John  Craighead  in  Fiddes,  her  brother. 

58 


Diet  Books:  Vol.  Vffl.,  Part  IL,  Contents 


1608. 

July  30.  Special  Service  (Inq.  Spec.  Abd.  No.  118).     James  Bodie,  heir  of  conquest  to 

Mr.  Gilbert  Bodie,  Minister  of  Holme,  in  Orkney,  his  brother.  Craigquhorthie  in  the 
Parish  of  Kinkell.  Held  blench  of  George  Chalmer,  fiar  of  Balbithan.  Mr.  Gilbert 
Bodie  died  in  June  1 606.  The  usufruct  of  the  lands  was  reserved  to  John  Chalmer  of 
Balbithan,  father  of  George  Chalmer,  during  the  life  of  the  former. 

General  Service  (Inq.  Gen.  No.  378).  Walter  Bodie  to  the  said  Mr.  Gilbert 
Bodie. 

Special  Service  (Inq.  Spec.  Abd.  No.  117).  Arthur  Forbes  of  Balfour  to  Duncan 
Forbes  of  Balfour,  his  father.  The  sunny  plough  of  Balfour  in  the  parish  of  Forbes, 
held  in  feu  from  Lord  Forbes.  Brumhill,  in  the  parish  of  Touch,  held  blench  of  Alexr. 
Calder  of  Asloun.  Ancestor  died  in  February  1606. 

Octr.  ii.  Curatory.     Annas  Fraser,  lawful  daughter  of  the  late  Alexr.  Fraser  of  Creichie. 

The  next  of  kin  called  were  Mr.  Nathaniell  Fraser  of  Techmurie,  John  Fraser  of 
Creichie,  Robert  Keyth  of  Auldmaid,  Mr.  James  Keyth  and  Mr.  Andrew  Keyth,  his 
brothers.  There  were  chosen  the  said  Robert  Keyth,  Mr.  Andrew,  his  brother,  and  the 
said  John  Hay  [?  Fraser],  Robert  Keyth  being  always  one.  All  three  accepted  office 
and  became  cautioner  each  for  the  others. 

Novr.  28.  Service — Tutory.     Patrick  Cheyne,  eldest  son  of  Patrick  Cheyne  of  Essilmont. 

James  Cheyne  of  Pennan,  brother  of  the  deceased,  chosen  as  Tutor. 

1609. 

Jany.  10.  Curatory.     Alexr.  Reid,  son  of  Alexr.  Reid  in  Newbigging.     The  next  of  kin 

called  were  James  Reid  of  Newmilne,  Robert  Reid  in  Tillifour,  Patrick  Forbes  of 
Bithnie  and  Duncan  Forbes,  his  son,  of  whom  Duncan  Forbes  and  James  Reid  were 
chosen  and  became  cautioners  for  each  other.  In  the  Latin  heading  the  year  is  stated 
as  1619,  but  this  seems  to  be  a  clerical  error. 

Curatory  ad  litetn.  George  Leslie,  lawful  son  of  Alexr.  Leslie,  burgess  of 
Inverurie  and  brother  of  Normond  Leslie,  burgess  there.  The  minor,  desiring  to  raise 
an  action  against  Janet  Leslie,  his  brother  Normond's  widow,  for  the  heirship 
moveables  falling  to  him  as  his  brother's  heir,  required  to  have  a  curator  ad  litetu,  and 
John  Leslie  of  Largie,  "tender  kinsman"  to  the  minor,  was  appointed. 

Special  Service  (Inq.  Spec.  Abd.  No.  119).  Thomas  Burnet  of  Craigmylne  to 
Wm.  Burnet  of  Craigour,  his  grandfather.  Half  lands  of  Tillihaikie  in  County  of  Mar 
and  Barony  of  O'Neill.  Held  of  the  Crown  in  feu  farm.  In  non-entry  during  the 
reigns  of  Mary  and  James  since  Septr.  1547,  when  the  ancestor  was  killed  at  Pinkie. 

Feby.  23.  General  Service.      Alexr.    Irving,   apparent   of  Lenturk,   to   Alexr.    Irving  of 

Waster  Beltie,  his  father. 

March  18.  Curatory.     John  Forbes,  apparent  of  Craigtoun.     There  were  summoned  as  next 

of  kin  Alexr.  Forbes  of  Fingask,  Alexr.  Calder  of  Asloune,  James  Gordoune  of  Had- 
doche  and  John  Gordoune  of  Tillielt.  The  minor  chose  William  Gordoune  of 
Burnecrunnache,  for  whom  James  Gordoune  of  Pronie  was  cautioner. 

59 


Aberdeenshire  Sheriff  Court: 

1609. 

April  8.  Special  Service   (Inq.   Spec.  Abd.   No.    120).      Alexr.   Copland  of  Udoche  to 

Patrick  Copland  of  Udoche,  his  father.  The  half  lands  of  Udoche,  held  of  the  Crown 
for  service  of  ward  and  relief.  In  non-entry  since  death  of  Patrick  Copland  in  March 
1606,  the  liferent  of  whose  widow,  Elizabeth  Auchinlek,  was  reserved. 

27.  Special  Service.     Adam  Dilgardno  to  John  Dilgardno  in  Turriff,  his  father.     A 

crag  of  land  on  the  north  side  of  Turriff  extending  to  16  roods,  held  of  the  Prebendary 
or  Rector  of  Turriff  for  burgage  service  and  an  annual  rent  of  8/-  John  Dilgardno  died 
in  Novr.  1596. 

General  Service.     Adam  Dilgardno  to  John  Dilgardno  in  Turriff,  his  father. 

May  6.  Special  Service  (Inq.  Spec.  Abd.  No.  121).     Alexr.  Banerman  of  Wattertoune  to 

George  Banerman  of  Wattertoune,  his  father.  Certain  crofts  and  roods  of  land  in 
Newburgh.  Held  of  Lord  Sinclair  in  free  burgage,  &c.  George  Banerman  died  in 
Jany.  1609. 

16.  Special  Service  (Inq.  Spec.  Abd.  No.  122).     Thomas  Grig  to  James  Grig  at  Mill 

of  Fuddes,  his  father.  The  sunny  plough  of  Ullaw  in  the  Barony  of  Essilmont.  Held 
blench  of  the  heirs  of  Patrick  Cheyne  of  Essilmont.  In  non-entry  since  death  of 
ancestor  in  November  1606. 

24.  Special  Service  (Inq.   Spec.   Abd.  No.    123).     Edward  Bruce,   son  of  Edward 

Bruce,  Lord  de  Bruce  of  Kinloise  to  Win.  Bruce,  his  paternal  uncle.  Cothill  of 
Collistoune1  in  the  Barony  of  Belhelvie,  held  in  feu  of  Andrew  Reid  of  Colliestoune. 
In  non-entry  since  death  of  Wm.  Bruce  in  January  1604. 

Augt.  29.  Service — Tutory.      Wm.  Irwing,  lawful  son  of  Wm.  Irwing  in  Tullinturk.     Mr. 

Alexr.  Irwing,  Minister  at  the  Church  of  Birse,  immediately  elder  brother  to  the 
deceased,  appointed  Tutor. 

1610. 

Jany.  9.  General  Service.      Robert  Forbes  of  Finnarsie   to  John  Forbes  of  Echt,  his 

cousin  german. 

Special  Service  (Inq.  Spec.  Abd.  No.  124).  Robert  Forbes  of  Finnarsie  to  John 
Forbes  of  Echt,  his  cousin  german.  The  Barony  of  Echt-Forbes,  &c.  held  of  the 
Crown  for  service  of  ward  and  relief.  In  non-entry  since  death  of  ancestor  on  24  Novr. 
1609.  Reserving  to  Beatrix  Gordoun,  the  widow,  the  liferent  of  certain  specified 
subjects. 

General  Service.  Mr.  Robt.  Forbes,  Minister  at  Echt  to  James  Forbes  of 
Tilliboy,  his  father. 

24.  Curatory.     John  Seatone  and  Wm.  Seatone,  lawful  sons  of  Mr.  Alexr.  Seatone  in 

Aberdeen.  The  next  of  kin  called  were  George  Seatone  of  Schethin,  James  Irving  of 
Auchioche,  George  Keath  of  Glakreauche  and  Patrick  Chalmer  of  Newtone,  of  whom 
Irving  and  Keath  were  chosen  and  accepted  office. 

I  In  the  Abbreviate  in  the  Inq.  Spec,  the  lands  are  called  Cothill  and  Collistoun,  not  of 
Collistoun  as  above. 

60 


Diet  Books:  Vol.  Vffl.,  Part  E,  Contents 

1610. 

Tany.  24.  General  Service.     Thomas  Chalmer  to  Mr.  Thomas  Chalmer,  Advocate  in  Aber- 

deen, his  father.     The  heir's  mother  was  Elizabeth  or  Bessie  Forbes. 

Service — Tutory.  Thomas  Chalmer  to  Mr.  Thomas  Chalmer,  Advocate  in  Aber- 
deen, his  father.  Mr.  George  Chalmer,  Sheriff  Clerk  of  Banffshire,  brother  of  the 
pupil's  father,  appointed  Tutor. 

March  3.  General  Service.      Elizabeth  Hay,  wife  of  Wm.  Mowtray  in  Pervines  to  Alexr. 

Hay  of  Delgatie,  her  father. 

April  10.  Special  Service.     James  Gordoun  of  Lesmoir  to  James  Gordoun  of  Lesmoir,  his 

great  grandfather.  Glenhouss,  Byithie,  Bathmakellie,  Kinbleine  and  Gawerie  F'aulds, 
in  the  Barony  of  Glencuthill.  Carnetracllen,  Beildstoune,  Glasco,  with  ailhouse  croft 
of  Carnetradlen  held  of  the  Crown  for  service  of  ward  and  relief.  Also  Auchmedden  in 
said  Barony,  held  blench  of  the  heirs  of  John,  Earl  of  Buchan,  Lord  Auchterhouse.  In 
non-entry  since  death  of  ancestor  in  June  1 508. 

Special  Service.  James  Gordoun  of  Lesmoir  to  Alexr.  Gordoun  of  Lesmoir,  his 
father.  Balmaid,  Gorrachie,  Craigheid,  Morleis  and  mill  of  Balmaid.  Held  of  the 
Crown  for  service  of  ward  and  relief.  Alexr.  Gordoun  died  in  Novr.  1609.  The 
liferent  of  certain  of  the  lands  was  reserved  to  Marjorie  Forbes,  widow  of  Alexr. 
Gordoun. 

Special  Service.  (Inq.  Spec.  Abd.  No.  125).  Mr.  Robt.  Gardyne  of  Blairtoune 
to  Mr.  Thomas  Gardyne  of  Blairtoune,  his  father.  The  lands  of  Church  of  Balhelvie 
called  Blairtoune,  as  occupied  by  the  late  Mr.  Thomas  Gardyne  &  Isobell  Stewart,  his 
wife,  and  their  tenants.  Also  the  dwelling  house  formerly  the  rectory  of  Balhelvie  in 
the  Chanonry  of  Old  Aberdeen,  situated  between  the  manse  and  garden  of  the  Treasurer 
of  the  Cathedral  on  the  east,  the  garden  of  the  Rectory  of  Forbes  on  the  south,  and  the 
king's  highway  on  the  west  and  north.  Held  of  Crown  by  virtue  of  Act  of  Parliament. 
Mr,  Thomas  Gardyne  died  on  24  February  and  the  liferent  of  Isobell  Stewart,  the  widow, 
was  reserved. 

May  i.  Service — Tutory.     Walter,  Gilbert,  Margaret  and  Isobell  Gardyne  lawful  children 

of  Mr.  Gilbert  Gardyne  of  Bothe.  Mr.  Robert  Gardyne  of  Blairtoune,  cousin  german, 
was  appointed  Tutor,  for  whom  Provost  Alexr.  Rutherfurd  became  cautioner. 

June  26.  General  Service.     Elizabeth  Abirdour  to  Robert  Abirdour  in  Rothiebirsben,  her 

father.     The  year  is  entered  as  1618  :  but  this  may  be  a  clerical  error. 

July  II.  General  Service.     Margaret  Blakhall  to  Wm.  Blakhall  of  that  Ilk,  her  father. 

31.  General  Service.     Walter  Barclay  to  Mr.  Walter  Barclay,  rector  of  Inverkeithny, 

his  father. 

Special  Service.  Marjorie  Ray  to  Andrew  Ray  junior  in  Wester  Fintray,  her 
father.  Fourth  Part  of  Craigquhorthie  in  Kinkell,  of  old  occupied  by  Wm.  Smyth,  held 
blench  of  the  heirs  of  John  Chalmer  of  Balbithan.  Ancestor  died  in  Novr.  1594. 

General  Service.  Marjorie  Ray  to  Andrew  Ray  junior  in  Wester  Fintray,  her 
father. 

61 


Aberdeenshire  Sheriff  Court: 

1610. 

Augt.  ii.  Special  Service.     Alexr.  Gordoune  to  George  Gordoune  of  Tullochis,  his  father. 

The  town  and  lands  of  Swaillend  in  the  Barony  of  Monicabok,  held  of  the  Crown  for 
service  of  ward  and  relief.  Ancestor  died  in  October  1 594. 

Special  Service.  Alexr.  Gordoun  to  George  Gordoun,  of  Tullochis  his  father. 
The  town  and  lands  of  Littill  Gowill,  with  salmon  fishing  on  the  Don  and  others.  Also 
Swaillend. 

Septr.  10.  Act  of  Idiotrie.     David  Torrie,  sometime  at  Mill  of  Boquhannachie.     This  was 

a  proceeding  at  the  instance  of  the  Procurator  Fiscal,  to  have  Andrew  Torrie  in  Balna- 
kellie,  elder  brother  of  the  insane  person,  appointed  to  the  office  of  Tutor  :  but  he 
refused  to  accept  the  office.  Upon  this  Margaret  Meldrum,  David's  wife,  protested  for 
the  appointment  of  Tutors  Dative  by  the  Crown.  (Infra,  28  June  1615.) 

Octr.  25.  Curatory.     James  and  George  Fraser,  lawful  sons  of  Capitane   Mr.    Micheall 

Fraser.  There  were  called  Thomas  Fraser  of  Petcawtanes,  George  Fraser  in  Corskie, 
Harie  Hill  in  Kinghorne  and  James  Hill  there.  Thomas  Fraser  and  George  Fraser, 
their  father's  brothers,  were  chosen  by  the  minors.  Their  cautioner  was  Thomas 
Vatsone,  portionar  of  Castell  of  Durris. 

Novr.  20.  Special    Service.      John  Fraser  to  John  Fraser  of  Creichie,   his  grandfather. 

Meikill  Creichie  in  the  Barony  of  Fedderet,  held  of  the  Crown  for  service  of  ward  and 
relief.  Old  value  2O/-  Present  value  £$.  In  non-entry  since  death  of  ancestor  in 
August  1604.  The  liferent  of  Nethertoune  of  Meikill  Creichie  was  reserved  to 
Margaret  Innes,  the  widow. 

21.  Special  Service  (Inq.  Spec.  Abd.  No.  127).     John  Gordoun  of  Auchmeingzie,1 

to  George  Gordoun  of  Auchmeingzie,  his  grandfather.  The  town  and  lands  of  Littill 
Follay  in  Fyvie.  Held  of  the  Crown  for  service  of  ward  and  relief.  In  non-entry 
since  death  of  ancestor  in  Septr.  1581. 

General  Service.  Patrick  Gordoun  to  Patrick  Gordoun  of  Tulloquhowdie,  his 
father. 

1611. 

Jany.  23.  Curatory.       Margaret  Keyth,   lawful  daughter  of  Magnus  Keyth,   sometime  of 

Finnersies.  The  next  of  kin  called  were  Mr.  Gilbert  Keyth  of  Auquhorsk,  Mr.  Gilbert 
Keyth,  regent  of  the  "  Colledge  of  Auld  Abd.",  Andrew  Keyth  of  the  "  Hospitall  of 
Auld  Abd.",  George  Knowis  and  Robert  Knowis,  co-burgesses  of  Abd.  The  minor's 
choice  fell  upon  John  Irwing  of  Kincowsie,  as  sole  Curator. 

Feby.  23.  General  Service.      William  Crombie  to  John  Crombie  in  Glenheid  [probably  in 

Kemnay],  his  father. 

27.  Special  Service  (Inq.  Spec.  Abd.  No.  128).     Alexr.  Skeene  of  that  Ilk  to  James 

Skeene  of  that  Ilk,  his  grandfather.  The  Lands  and  Barony  of  Skeene,  &c.  Held  of 
the  Crown  for  service  of  ward  and  relief.  In  ward  and  non-entry  since  death  of  ancestor 
in  Novr.  1604.  The  period  of  the  ward  ended  about  Septr.  1610. 

I   A  curious  discrepancy  is  found  here.     In  the  abbreviate  in  the  Inq.  Spec,  both  John  and 
George  Gordoun  are  styled  "of  Tillaquhowdie  "  not  "  of  Auchmeingzie  "  as  here. 

62 


Diet  Books:  Vol.  VIH,  Part  IL,  Contents 


1611. 

Feby.  27.  General  Service  (Inq.  Gen.  No.  525).     Alexr.  Skeene  to  John  Forbes  of  Echt, 

whose  only  sister,  Barbara  Forbes,  was  mother  of  Alexr.  Skeene. 

Special  Service  (Inq.  -^pec.  Abd.  No.  129).  Alexr.  Skeene  to  John  Forbes  of 
Echt.  Town  and  lands  of  Culquhorsie,  Dunbrek,  Kirktoune  of  Echt,  &c.,  in  the 
Barony  of  Clunie,  held  for  payment  of  I2d.  yearly  or  a  pair  of  gilt  spurs,  on  the  day 
of  the  Nativity  of  Saint  John  the  Baptist  at  the  Graystane  of  Clunie.  In  non-entry 
since  death  of  ancestor  in  Novr.  1609. 

March  6.  Service— Terce.      Helen  Wod,  widow  of  Alexr.  Cuming  of  Culter,  and  wife  of 

John  Burnet  of  Kilduthie.     Her  terce  of  the  lands  of  Lasts  and  New  mill  of  the  same. 

General  Service.  Isobell  Hay  to  Alexr.  Hay  of  Delgatie,  her  father.  One  of 
the  three  daughters  and  co-heirs  of  Alexr.  Hay. 

Curatory.  Wm.  Turing  of  Foweraine.  The  next  of  kin  called  were  John  Gor- 
doun  of  Petlurg,  Mr.  Robt.  Gordoun,  his  brother  german,  John  Johnstoune  of  that  Ilk, 
Mr.  John  Cheyne  of  Petfichie,  Thomas  Cheyne  of  Raniestoune,  Alexr.  Straquhane  of 
Thornetoune,  John  Straquhane  of  Tillifroskie,  Tutor  of  Thornetoune,  George  Straqu- 
hane his  brother,  and  James  Cheyne  of  Pennan.  The  minor  chose  Johnstoun  of  that 
Ilk,  Alexr.  Banerman  of  Wattertoune,  Straquhane  of  Thornetoun,  Straquhane  of  Tilli- 
froskie, and  George  Straquhane  or  any  two  or  three,  John  or  George  Straquhane  being 
one.  John  accepted  office,  for  whom  Andrew  Gray  at  the  Mylne  of  Foveraine  became 
cautioner. 

April  i.  Curatory.      Wm.   Turing  of  Foweraine.      Alexr.   Banerman,  here  designed  of 

Elsick,  accepted  office  as  a  Curator  of  Wm.  Turing  of  Foveraine,  John  Straquhane  of 
Tilliefroskie,  Tutor  of  Thornetoune,  being  his  cautioner.  This  entry  is  dated  [rightly 
or  wrongly]  1613. 

4.  General  Service.    Agnes  King  to  Wm.  King,  in  Kirktoune  of  Bourtie,  her  father. 

General  Service.     Margaret  King  to  the  said  Wm.  King,  her  father. 

24.  Curatory.     Arthur  and  Isobell  Forbes,   lawful  children  of  Abraham  Forbes  of 

Blaktoune.  The  next  of  kin  called  were  Arthur,  Loid  Forbes,  Wm.  Forbes  of  Logie- 
fintray,  James  Forbes  of  Lethintie,  Robert,  Commendator  of  Monimusk,  John 
Lumisden  of  Cushnie,  Lumisden,  his  brother,  George  Gordoun  of  Cocklarachie, 

and  Mr.  Robert  Gordoun  of  Fechil.  Each  minor  chose  the  two  last  named  who 
became  cautioners  for  each  other. 

May   8.  General  Service.     Wm.  Craig  to  John  Craig  of  Craigstoune,  his  brother.   ' 

15.  Special  Service  (Inq.  Spec.  Abd.  No.  131).    Sir  John  Wod  of  Fettircarne,  knight, 

to  Walter  Wod  of  Fettircarne,  his  father.  Ower  Blairtoune  and  Pettanns  in  Belhelvie 
held  blench  of  Patrick,  Earl  of  Kinghorne.  In  non-entry  since  death  of  ancestor  in 
March  1605.  There  were  reserved  (i)  To  Isobell  Forbes,  the  widow,  her  liferent  of  the 
subjects.  (2)  To  Wm.  Forbes  of  Tolquhone  his  right  to  two  sunny  ploughs  of  North 
Colpnay.  (3)  To  Baillie  Wm.  Gray  his  right  to  the  shadow  half  of  North  Colpnay  and 
Wasterburne  and  (4)  To  Alexr.  Wod  of  Colpnay  his  right  to  Pettanns  and  Vaus  croft. 

63 


Aberdeenshire  Sheriff  Court: 

1611. 

July  31.  Special  Service.      Sir  Wm.  Keyth  of  Ludquharne,  Knight,  to  Wm.  Keyth  of 

Ludquharne,  his  grandfather.  "  Totum  et  integrum  tenementum  hospitium  hortus  seu 
mansus  Cantoris  ecclesie  Cathedralis  Abredonensis  cum  domibus  edificiis  et  pomariis 
ejusdem  Jacen  in  meridional!  parte  dicte  ecclesie  inter  hospitium  et  hortum  Cancellarie 
ejusdem  oriente  hospitium  et  hortum  Decane  ejusdem  ab  occidente  communes  vias 
regias  versus  ad  boream  et  austrum." 

Septr.  28.  Curatory.     John  Spens,  lawful  son  of  Thomas  Spens  of  Boigforth.     The  next  of 

kin  called  were  Mr.  Thomas  Meingzeis  of  Balgownie,  Patrick  Meingzeis,  burgess  of 
Abd.,  Alexr.  Burnet  there,  Robert  Spens  of  Cultis  and  Thomas  Spens  of  Boigforth  (the 
father).  The  minor  chose  Alexr.  Burnet,  sometime  in  Chappeltoune,  and  Patrick 
Meingzeis,  who  accepted  office  and  became  cautioners  for  each  other. 

Octr.  i.  General  Service.      Patrick  Forbes,  apparent  of  Lethintie  to  Margaret  Forbes,  his 

mother. 

3.  Curatory.     Andrew  Burnet,  lawful  son  of  Wm.  Burnet  of  Camphell.     The  next 

of  kin  called  were  Andrew  Burnet,  burgess  of  Abd.,  Alexr.  and  Robert  Burnet,  co- 
burgesses  thereof,  Wm.  Gordoune,  burgess  thereof,  and  Patrick  Gordoune  of 
Kincraigie.  The  minor  chose  the  said  Andrew  Burnet  (here  called  "  elder  ")  who  found 
Alexr.  Jaffray,  Baillie  burgess  of  Abd.  as  his  cautioner. 

General  Service.  Wm.  Forsyth  in  Udoche  to  Michaell  Fiddes  in  Jaxtoune,  his 
maternal  uncle. 

General  Service.     John  Ker  to  Sir  Thomas  Ker  of  Hirtha,  knight,  his  father. 

28.  Tutory.     John  Gordoun  of  Haddoch,  lawful  son  of  George  Gordoun  of  Haddoch. 
Margaret  Banerman,  widow  of  George  and  mother  of  John  Gordoun,  presented  gift  of 
the  office  of  Tutrix  Dative,  under  the  Great  Seal  dated  17  Octr.,  accepted  office,  took 
the  oath  de fideli,  and  found  Alexr.  Banerman  of  Elsik  as  cautioner. 

Novr.  13.  Special  Service.     John  Irwing,  Junior,  of  Blakhills  to  John  Irwing  of  Blakhills, 

his  father.  Eight  oxgait  of  Nethirtoune  of  Tullimad,  now  called  the  Blakhills  with 
houses,  &c,  in  the  parish  of  Turreff,  held  in  feu  of  John  Urquhart  of  Latheris  for  2O/-  of 
annual  duty.  In  non-entry  since  the  death  of  Helen  Cheyne,  the  widow  and  conjunct 
fiar,  in  June  1611. 

Service— Idiotrie.  Mr.  William  Skeene,  lawful  son  of  the  late  Mr.  James  Skeene 
of  Waster  Corss.  Robert  Skeene  of  Auchtermuchtie,  his  next  younger  brother  german, 
appointed  guardian.  The  mental  illness  is  said  to  have  existed  10  years.  (Supra  p.  53.) 

• 

29.  General  Service.     Wm.   Stewart  to  Patrick  Stewart  of  Wodheid,  his  paternal 
uncle. 

1612. 

Jany.  29.  Special  Service.     Katherine  Gordoun  to  James  Gordoun,  fiar  of  Wranghame, 

her  father.  Half  the  town  and  lands  of  Auchtercarne,  Tulloche,  Tannamonie  and 
Blakmyll  with  multures,  &c.  in  the  parishes  of  [Coull  and  Logic  Coldstone]  held  of  the 
Crown  for  service  of  ward  and  relief.  Old  value  3O/-  Present  value  £6,  In  non- 
entry  since  James  Gordoun's  death  in  June  1574. 

64 


Diet  Books:  Vol.  VIIL,  Part  II.,  Contents 


1612. 

Jany.  29.  General  Service.     Katharine  Gordoun  to  James  Gordoun,  fiar  of  Wranghame, 

her  father. 

Feby.  I.  Service — Terce.     Margaret  Smyth,  widow  of  James  Rait  of  Crannabog.     Her 

terce  of  Crannabog  in  the  parish  of  Fyvie. 

5.  General   Service.      Duncan   Robertsone    to    Donald    Robertsone,   apparent   of 

Strowan,  his  father. 

12.  Service — Tutory  (Inq.  Ttit.  No.  286).     Alexr.  Innes,  lawful  son  of  the  late  John 

Innes  of  Elrik.  Alexr.  Innes  in  Old  Abd.,  brother  german  of  the  late  Robert  Innes  of 
Elrik,  the  pupil's  grandfather,  was  appointed  Tutor. 

General  Service.  The  said  Alexander  Innes  to  Robert  Innes  of  Elrik,  his  grand- 
father. 

19.  General   Service.       Charles  Chalmer  to  John  Chalmer,    portioner  of  Wester 

Fintray,  his  father. 

Special  Service.  Robert  Paull  to  John  and  George  Paull,  his  brothers  german. 
The  half  of  the  town  and  lands  of  Park  of  Clunie  in  the  parish  and  barony  of  Clunie, 
held  blench  of  Alexr.  Gordoun  of  Clunie.  Old  value  6/8.  Present  value  26/8.  In 
non-entry  since  the  death  of  Andrew  Paull,  the  father  of  John,  George  and  Robert 
Paull,  in  1611. 

March  11.  Special  Service.      George  Dawidsone  to  Gilbert  Dawidsone  of  Lennabo,  his 

father.  The  lands  of  Lennabo,  &c.,  in  the  Parish  of  Peterugie,  held  in  feu,  formerly 
of  the  late  Wm.  Keyth  of  Ludquharne,  and  now  of  his  nephew  Sir  Wm.  Keyth  of 
Ludquharne  for  duty  of  ^40  [?  4O/-]  besides  some  payments  in  kind.  In  non-entry 
since  death  of  Gilbert  Dawidsone  in  April  1610. 

April  21.  Special  Service.      Robert  Roise  to  John  Roise,  in  Craigtoun  of  Lumphannand, 

his  father.  Sunny  half  of  town  and  lands  of  Craigtoun  of  Lumphannand,  &c.,  in  the 
barony  of  Lumphannand  and  Lordship  of  O'Neill,  held  feu  of  Sir  Henry  Lindsay 
otherwise  Charters,  knight,  for  a  duty  of  id  merks  and  certain  feudal  services.  In 
non-entry  since  death  of  John  Roise  in  August  1604. 

General  Service  ( Vide  Supra  \  Febry).  James  Rait  to  James  Rait  in  Cranboig, 
his  father. 

May  15.  General  Service.     Isobell  Keillo  to  Wm.  Fraser  of  Ord,  her  grandfather. 

Service — Terce.  Margaret  Forbes,  widow  of  John  Forbes  of  Ardmurdo.  Her 
terce  of  Ardmurdo,  Mill  thereof  and  salmon  fishing  in  the  Don  called  Pot  Bukie,  in  the 
parish  of  Kinkell. 

27.  Special  Service  (Inq.  Spec.  Abd.  No.  580).     Alexr.  Forbes  of  Towies  to  Alexr. 

Forbes,  fiar  of  Towie,  his  paternal  uncle.  Sunny  half  of  Fichlie  and  Sonnaboth.  Also 
Sonnahard,  &c.,  in  the  Lordship  of  Mar,  held  of  the  Crown  for  service  of  ward  and 
relief.  In  non-entry  since  death  of  ancestor  in  December,  1579. 

General  Service.  Elizabeth  Fraser,  wife  of  Andrew  Burnet  in  Ord  to  Wm. 
Fraser  in  Ord,  her  father.  Elizabeth  Fraser  was  one  of  the  daughters  of  Wm.  Fraser. 

1  65 


Aberdeenshire  Sheriff  Court: 
1612. 

May  27.  General  Service.     Margaret  Fraser,  wife  of  David  Straquhan  in  Ley  of  Tilli- 

chedlie  to  Wm.  Fraser  in  Orel,  her  father.     Margaret  was  another  daughter  of  Wm. 
Fraser. 

General  Service.  Isobell  Fraser,  wife  of  Robert  Donaldsone,  to  Wm.  Fraser  in 
Ord,  her  father.  Isobell  was  a  third  daughter  of  Wm.  Fraser. 

Curatory  and  Tutory.  Robert,  John  and  Agnes  Irwing,  lawful  children  of 
Robert  Irwing,  sometime  in  Lyne  and  the  late  Helen  Fraser,  his  wife.  The  next  of 
kin  called  were  John  Irwing  of  Kincowsie,  James  Irwing  in  Beildsyd,  Alexr.  Fraser, 
fiar  of  Durris,  and  Alexr.  Jaffray,  burgess  of  Abd.  Agnes,  who  was  in  minority,  chose, 
with  consent  of  her  father,  Andrew  Burnet  in  Ord,  as  her  Curator.  The  Sheriff  depute, 
also  with  consent  of  their  father,  appointed  Burnet  Tutor  to  Robert  and  John,  who  were 
in  pupillarity.  Alexr.  Jaffray  of  Kingiswallis,  burgess  of  Abd.  and  David  Straquhan  of 
Tillichedlie  became  cautioners  for  Burnet. 

23.          General  Service.      Andrew  Brabner,  burgess  of  Abd.  to  Andrew  Brabner,  his 
grandfather. 

July  31.  Special  Service.     Andrew  Schand  in  Petblair  to  Patrick  Schand  in  Bairnehill, 

his  father.  The  sunny  half  of  the  town  and  lands  of  Scattertie  in  Kinnedwart,  held 
blench  of  Sir  Alexr.  Fraser  of  Fraserburgh.  Old  value  I5/-  Present  value  ^3.  In 
non-entry  since  death  of  ancestor  in  May  1607. 

General  Service.      Thomas    Maitland    to    Mr.    Walter    Maitland,    Rector    of 
Kinnedwart,  his  father. 

Octr.  6.  Special  Service.     John  Gordoun   to   George   Gordoun,   fiar  of  Haddoch,   his 

father.  The  two  Methliks,  with  their  pertinents  called  Haddoch.  Archedlie  with 
fishing  on  the  Ithan.  The  superiority  of  an  annual  rent  of  £$  from  these  lands  from 
Lord  Forbes.  Andet  and  Brachla.  Also  the  House  of  Kellie,  &c.  with  its  mill. 
Wester  Barrak.  The  superiority  of  Saphok,  Knowen  and  Auchmaledie.  Also  Little 
Methlik,  mills  thereof,  salmon  fishing  and  other  pertinents  in  the  parish  of  Methlik. 
New  Park  of  Kellie  and  others  in  Tarves,  Diracroft,  Brakey-Tarves,  the  superiority  of 
Tullielt,  with  pertinents,  also  in  the  parish  of  Tarves.  All  the  subjects  held  blench  of 
James  Gordoun  of  Haddoch,  grandfather  of  John  Gordoun,  for  payment  of  pence, 

if  asked  only,  and  of  the  said  James  Gordoun's  superiors  for  payment  of  the  farms  and 
services  due  and  payable  by  him  to  them.  In  non-entry  since  death  of  George  Gordoun 
in  1610. 

General  Service  (Inq.   Gen.  No.  551).    John  Gordoun  to  George  Gordoun,  his 
father. 

General  Service.     Margaret  King,  wife  of  John  Crag  [or  Brag]  in  Lyne,  to  Wm. 
King  of  Kirktoun  of  Bourtie,  her  father.     ( Vide  4  April,  1611.) 

General  Service.     Agnes  King,  wife  of  Robert  Smyth  in  Jaxtoune  to  the  said 
Wm.  King.     (Vide  4  April  1611.) 

66 


Diet  Books:  Vol.  Vffl.,  Part  H,  Contents 


1612. 

Octr.  31.  Special  Service  (Inq.  Spec.  Abd.  No.  582).      Thomas   Fraser  of  Streichin  to 

Thomas  Fraser  of  Streichen,  his  father.  The  Barony  of  Streichin,  held  of  the  Crown 
for  service  of  ward  and  relief.  The  heir's  father  died  only  four  weeks  before  the  inquest. 

Novr.  18.  General  Service  (Inq.   Gen.  No.  552).      Alexr.  Pantoun  to  Henry  Pantoun  of 

Craig,  his  father. 

Special  Service.  Alexr.  Pantoun  to  Henry  Pantoun  of  Craig,  his  father.  Town 
and  lands  of  Littill  Liddingame,  in  the  Regality  of  Lindores.  Two  part  town  and 
lands  of  Craig,  in  the  Barony  of  Monicabok.  Both  held  blench  of  the  heirs  of  the  late 
John  Pantoun  of  Petmedden.  Old  value  of  Littill  Ledinghame  I5/-  Present  value  ^3. 
In  non-entry  since  death  of  Henry  Pantoun,  in  August  1590. 
1613. 

March  2.  Curatory.      Alexr.  Fraser,  eldest  lawful  son  of  the  late  Mr.  Michael  Fraser  of 

Techmurie.  The  next  of  kin  called  were  Sir  Alexr.  Fraser  of  Fraserburgh,  knight, 
Alexr.  Fraser,  portioner  of  Kindrocht,  Alexr.  Hay  in  Auchinten  and  Thomas  Hay  in 
Grayisteane.  The  minor  chose  Alexr.  Straquhan  of  Glenkindie,  Mr.  James  Forbes  of 
Knapernay,  John  Hay  younger  of  Cremondmogat  and  Alexr.  Fraser  younger,  portioner 
of  Kindrocht,  or  any  two  of  them.  All  accepted,  Straquhan  and  Forbes  becoming 
cautioners  for  each  other  and  Hay  and  Fraser  the  like. 

April  13.  Special  Service.      James  Forbes  to  Abraham  Forbes  of  Blaktoun,  his  father. 

The  town  and  lands  of  Wark,  otherwise  Newtoun  of  Knokreauch.  Also  Newtoun  of 
Balnakellie,  otherwise  Brydiswalls,  in  the  parish  of  Cushnie,  held  blench  of  John 
Lumisden  of  Cushnie.  Old  value  5/-  Present  value  2O/-  Also  the  superiority  of  Nuik 
in  the  parish  of  Kennethmont  and  Regality  of  Lindores.  Also  12  oxgait  of  Balnakellie, 
in  special  warrandice  of  the  foregoing  lands  in  Cushnie.  Abraham  Forbes  died  in 
March  1611. 

General  Service.     James  Forbes  to  Abraham  Forbes  of  Blaktoun,  his  father. 

21.  Revocation.     Thomas  Wentoun,  lawful  son  of  the  late  John  Wentoun,  sometime 

of  Tempil  Lands,  made  a  general  revocation  of  deeds  granted  in  his  minority  to  his 

prejudice,  and  specially  of  the  alienation  of  the  lands  "callit  the  Tempill  Lands  of 

"  in  the  parish  of  Fordoun,  and  County  of  Kincardine,  to  George  Wishart, 

brother  german  to  the  late  Sir  John  Wishart  of  Pettarrow,  knight. 

June  2.  Special  Service.     Robert  Keyth  to  Mr.  Archibald  Keyth,  Rector  of  Cremound, 

his  grandfather.  The  sunny  half  of  the  town  and  lands  of  Invernocht,  in  the  Barony  of 
Phillorth,  held  blench  of  Alexr.  Fraser  of  Phillorth.  Old  value  io/-  Present  value 
4O/-  In  non  entry  since  death  of  ancestor  in  January  1597-8. 

3.  General  Service.     Thomas  Burnet  to  Wm.  Burnet  of  Camphell,  his  father. 

29.  General  Service.     James  Leslie  to  Walter  Leslie  of  Drumdolo,  his  father, 

Special  Service.  James  Leslie  to  Walter  Leslie  of  Drumdolo,  his  father.  The 
third  part  of  a  Davate  of  Comalegie,  viz.  :  a  third  part  of  Comalegie,  Begishill, 
Steaniefeild,  Wadderburne,  Brumhill,  Chappeltoun,  Thomastoun  and  others  in  Drum- 
blait.  Held  for  feu-duty  of  4O/-  from  Lord  Abirnethie  of  Saltoun.  In  non-entry  since 
death  of  Walter  Leslie,  8  March  1613. 

67 


Aberdeenshire  Sheriff  Court: 

1613. 

July  15.  Curatory.     William  Forbes,   eldest   lawful  son  of  the  late  William   Forbes  of 

Pettallachie.  The  next  of  kin  called  were  John  Forbes  of  New,  John  Forbes  at  the 
Mill  of  Ripachie,  John  Forbes  of  Campbell,  Robert  Skeen  of  Tillibirlache,  Robert 
Cowttis  of  Auchlercowll  and  Alexr.  Forbes  in  Belgrein.  The  minor  chose  Mr.  Duncan 
Forbes  of  Lethintie,  John  Forbes  of  New,  Robert  Cowttis  and  Robert  Skeen.  The  last 
named  was  present  and  accepted  office.  The  Sheriff  depute  ordained  the  minor  to 
bring  in  the  others  to  accept  office. 

31.  Special  Service  (Inq.  Spec.  Abd.  No.   587).      Wm.  Gordoun  of  Abirzeldie  to 

Alexr.  Gordoun  of  Abirzeldie,  his  father.  The  lands  of  Stering  in  the  Lordship  of 
Huntly,  by  annexation,  held  blench  of  the  Marquis  of  Huntly.  The  lands  called  Lurgis 
in  the  parish  of  Migmar  and  Barony  of  O'Neill,  formerly  held  of  the  Rectors  of  Kin- 
cardine O'Neill,  canons  of  the  Cathedral  Church  of  Abd.,  afterwards  of  the  Crown, 
in  feu  farm,  for  payment  of  4O/-  and  certain  feudal  services.  In  non-entry  since  death 
of  ancestor  in  July  1594-  His  widow,  Janet  Irwing,  was  conjunct  fiar  of  Stering. 

Septr.  15.  Special  Service  (Inq.  Spec.  Abd.  No  588).     Patrick  Forbes  to  Margaret  Forbes, 

wife  of  James  Forbes  of  Lethintie,  his  mother.  The  superiority  of  the  lands  of 
Lethintie  in  the  parish  of  Logiedurno.  Held  blench  of  the  Crown.  Margaret  Forbes 
died  in  Novr.  1607. 

Octr.    5.  General  Service  (Inq.   Gen.  No.  8514).     Wm.  Straquhan  of  Tibbertie  to  John 

Straquhan  of  Tibbertie,  his  father. 

Novr    6.  Special    Service    (Inq.    Spec.    Abd.    No.    590).      John   Leslie   to  John  Leslie, 

portioner  of  Buchanstoun,  his  grandfather.  Buchanstoun,  Ardoyne,  &c.  in  the  Regality 
of  the  Gareoche.  Held  of  the  Crown  for  service  of  ward  and  relief.  In  non-entry 
since  death  of  ancester  in  March  1609. 

Deer.    7.  Service — Tutory.     Wm.  Stewart,  lawful  son  of  the  late  Alexr.  Stewart,  formerly 

in  Auchindren.  James  Stewart*  burgess  of  Abd  ,  the  nearest  relative  on  the  father's 
side,  found  entitled  to  office  of  Tutor. 

Service — Tutory.  James  Stewart,  also  son  of  the  said  Alexr.  Stewart.  James 
Stewart,  burgess,  Tutor  here  also. 

Special  Service.  Alexr.  Pantoun,  burgess  of  Abd.  to  Wm.  Pantoun,  burgess, 
his  paternal  uncle.  Shadow  half  of  Auld  Sliauche  in  the  Barony  of  Drumblait.  Held 
blench  of  James  Gordoun  of  Lesmoir.  Old  value  5/-  Present  value  2O/-  In  non- 
entry  since  death  of  ancestor  in  Septr.  1586.  (Vide  29  Novr.  1615,  infra.) 

21.  Special  Service  (Inq.  Spec.  Abd.  No.  591).     Andrew  Herwie  of  Elrik  to  James 

Herwie  of  Elrik,  his  father.  The  lands  of  Tillimald,  Swaillend  and  Auld  Gowill  in  the 
Barony  of  Monicabok,  held  of  the  Crown  for  service  of  ward  and  relief.  In  non-entry 
since  death  of  ancestor  in  Novr.  1582.  Reserving  the  rights  of  Henry  Gordoun  of 
Dilspro,  Mr.  James  Forbes  of  Woidland  and  George  Currour  of  Swaillend. 

General  Service  (Inq.  Gen.  No.  8524).  Thomas  Lumisden  to  Mr.  Thomas 
Lumisden,  Rector  of  Kinkell,  his  father. 

68 


Diet  Books:  VoL  Vffl.,  Part  H,  Contents 

1614. 

April  22.  General   Service.      Robert  Skein,  portioner  of  Auchtermuchtie  to  Mr.  James 

Skein  of  Waster  Corse,  his  father.  Robert  Skein's  mother  was  Elizabeth  Straquhan, 
his  father's  second  wife. 

May    17.  Special  Service.     John  Liddell  to  Mr.  Duncan  Liddell,  Doctor  of  Medicine,  his 

brother.  The  town  and  lands  of  Pitmedden,  with  salmon  fishing  on  the  Don,  &c.  in 
the  Thanedom  of  Kintore,  held  of  the  Crown  in  feu,  for  payment  of  £7.  Dr.  Liddell's 
death  took  place  in  Deer.  1613. 

24.  General   Service   (Inq,    Gen.   No.  8532).      Mr.   Matthew  Lumisden  to  Alexr. 

Lumisden  formerly  of  Drumlasie,  his  father. 

26.  Curatory.      Gilbert  Irwing  and  John  Irwing,   lawful  sons   of  the  late  Gilbert 

Irwing,  sometime  of  Auldquhat.  The  next  of  kin  called  were  James  Irwing  of 
Aucheoche,  Wm.  Irwing  of  Beltie,  John  Irwing  of  Artamfurd,  Mr.  Alexr.  Irwing, 
Advocate,  Thomas  Meingzeis  of  Cultis,  Alexr.  Rutherfurd,  Provost  of  Abd.,  Paull 
Meingzeis  of  Kinmoundie,  Mr.  Thomas  Meingzeis  of  Balgownie,  and  George  Nicolsone, 
Baillie  burgess  of  Abd.  Gilbert  Irwing  chose  Mr.  Gavin  Douglas  of  Brigfield  and 
James  Irwing  of  Aucheoche,  while  his  brother,  John,  chose  John  Irwing  of  Artamfurd 
and  Baillie  Nicolsone.  These  accepted  office  and  became  cautioners  for  each  other. 

June    8.  Special  Service  (Inq.  Spec.  Abd.  No.  133).      Patrick  Forbes  to  Wm.  Forbes  of 

Petsligo,  his  grandfather,  as  in  right  of  his  mother,  Margaret  Forbes,  the  elder  daughter 
of  Wm.  Forbes.  Lands  of  Lethintie  and  mill,  also  Auchincleith  in  the  parish  of  Logie- 
durno.  Held  blench  of  the  Crown.  In  non-entry  since  death  of  ancestor  in  April 
1 567.  The  heir  was  the  son  of  Margaret  Forbes,  one  of  the  two  daughters  of  Wm. 
Forbes,  and  succeeded  along  with  his  aunt,  Janet  Forbes.  (  Vide  next  entry. ) 

Special  Service  (Inq.  Spec.  Abd.   No.   134).     Janet  Forbes  to  the  same.     As  in 
preceding  entry. 

29.  Curatory.       James   Keyth,   lawful  son   of  George,    Earl   Mershell   and   Dame 

Margaret  Ogilwie,  his  wife.  The  next  of  kin  called  were  Sir  Robert  Keyth  of 
Benholme,  knight,  William,  Lord  Keyth,  James,  Lord  Ogilwie,  and  Mr.  David 
Ogilwie  of  Petmowies.  The  minor  chose  William,  Lord  Keyth,  Sir  Robert  Keyth,  Mr. 
David  Ogilwie  and  John  Keyth  of  Cowtoun  or  any  two,  of  whom  John  Keyth  to  be  one. 

July  i.  General  Service  (Inq.   Gen.  No.  571).     James  Gordoun  in  [?  of]  Drimmeis  to 

Alex.  Gordoun,  sometime  in  Scheildrein,  his  paternal  uncle. 

12.  Service — Terce.     Katherine  Jaffray,  widow  of  Wm.  Andersone  at  Mill  of  Turriff. 

Her  terce  of  Mill  of  Turriff,  &c.  in  the  parish  of  Turriff. 

1 6.  Curatory.     Robert,  Alexr.,  Gilbert,  Isobell  and  Janet  Johnestoun,  lawful  children 

of  the  late  Patrick  Johnestoun,  sometime  of  Moistoune.  The  next  of  kin  called  were 
Arthur  Johnestoun  in  Auchindarg,  John  Johnestoun  in  Drumbreck,  John  Arbuthnot  of 
Carnegall  and  Normond  Arbuthnot,  his  brother.  The  minors  chose  John  Gordoun  of 
Chappeltoun,  John  Stewinsone  in  Carnecowlie  and  Walter  Haliburtoun  in  Clochorbie, 
who  accepted,  and,  as  was  common,  became  cautioners  for  each  other. 

69 


Aberdeenshire  Sheriff  Court: 

1614. 

July  23.  General  Service  (Inq.   Gen.  No.  573).     John  Hay  to  William  Hay  of  Littill 

Arnage,  his  father. 

Special  Service  (Inq.  Spec.  Abd.  No.  135).  John  Hay  to  William  Hay  of 
Littill  Arnage,  his  father.  Cremondmogat,  &c.  in  the  Barony  of  Cremondpark  as  heir. 
Also  Littill  Arnage,  &c.  in  Barony  of  Slains,  as  heir  male.  The  former  lands  held 
blench  of  Alexr.  Hay  of  Logie.  The  latter  held  blench  of  the  Crown.  In  non-entry 
since  death  of  ancestor  in  April  1613. 

Octr.  6.  General  Service.      Marjorie   Stewart   to  James   Stewart   in   Rannallachie,  her 

father. 

Novr.  2.  Service — Terce.     Jeane  Chalmer,  widow  of  Mr.  Robert  Mar,  burgess  of  Abd. 

Her  terce  of  the  shadow  half  of  Middill  Ardo,  &c.,  in  the  Barony  of  Belhelvie. 

23.  Curatory.     John  Forbes,  apparent  of  Lethintie,  son  of  Mr.  Duncan  Forbes  of 

Lethintie.  The  next  of  kin  called  were  Wm.  Forbes  of  Monimusk,  elder,  Wm.  Forbes 
of  Portlathin,  Alexr.  Skein  of  that  Ilk,  George  Johnestoun  of  Caskieben,  Gilbert 
Johnestoun  of  Owertoun  and  Robert  Johnestoun  of  Cremond.  The  minor  appearing, 
along  with  his  father,  chose  Henry  Forbes  of  Newhills  and  Wm.  Forbes,  burgess  of 
Abd.,  son  of  the  late  Baillie  Alexr.  Forbes,  conjunctly  and  severally.  Mr.  Duncan 
Forbes,  the  father,  became  cautioner  for  the  Curators. 

30.  Service — Terce.     Elizabeth  Gordoun,  widow  of  Andrew  Richie  in  Cowll.     Her 

terce  of  Tonley  in  the  parish  of  Cowll. 

1615. 

Jany.  21.  Special  Service  (Inq.  Spec.  Abd.  No.   136).     Robert  Gardyne  in  Balgersho  to 

Robert  Gardyne,  formerly  of  Blairtoun,  his  father.  The  ecclesiastical  lands  of  Blair- 
toun,  &c.  In  non-entry  since  death  of  Robert  Gardyne  in  April  1584  (i)  in  the  hands 
of  Mr.  Patrick  Gardyne,  Rector  of  Belhelvie,  who  died  in  July  1614,  to  the  passing  of 
the  Act  of  Annexation  in  1587,  and  (2)  after  that  date  in  the  hands  of  the  Crown. 

Febry.  I.  Special  Service.     Robert  Forbes,  immediate  younger  brother  of  John  Forbes  in 

Milboy,  to  his  nephew  Andrew  Forbes,  son  of  his  said  brother  John.  The  shadow  half 
of  the  three  part  lands  of  Blairneill,  vulgo  the  three  quarter  lands  thereof,  extending  to 
12  oxgait,  in  the  Barony  of  Steaniewod  and  Muchell.  Held  blench  of  Andrew  Fraser 
of  Steaniewod  and  his  heirs.  Old  value  io/-  Present  value  4O/-  In  non-entry  since 
death  of  ancestor  in  1613. 

22.  Service — Tutory.      George  Ailhous,   lawful  son   of  the   late   Arthur  Ailhous, 

inhabitant  of  Old  Abd.     His  grandfather,  James  Ailhous  in  Old  Abd.  appointed  Tutor. 

Service — Tutory.     Christian  Ailhous,  sister  of  the  above  George.     Her  grand- 
father, the  said  James  Ailhous,  appointed  Tutor. 

March  8.  Service — Tutory.     John  Forbes,  lawful  son  of  the  late  George  Forbes  in  Ower- 

bairnes.     John  Forbes  of  Bairnes  appointed  Tutor. 

Service— Tutory.     Wm.  Forbes,  second  lawful  son  of  the  above.     John  Forbes 
of  Bairnes  appointed. 

70 


Diet  Books:  Vol.  VIII.,  Part  II.,  Contents 

1615. 

March  8.  Service — Tutory.     Margaret  Forbes,  lawful  daughter  of  the  above.     John  Forbes 

of  Bftirnes  appointed. 

General  Service  (Inq.  Gen.  No.  590).     George  Annand  to  Mr.  Wm..  Annand  of 
Collihill,  his  father. 

April  19.  CUratory.     John  and  Elizabeth  Forbes,  lawful  children  of  the  late  John  Forbes  of 

Ardmurdo.  The  next  of  kin  called  were  Alexr.,  Bishop  of  Cathnes,  Wm.  Dalgardno 
of  Garrtestoun,  George  Dalgardno  his  brother  german,  John  Forbes  of  Culquhork  and 
Alexr.  Forbes  of  Auldtoun  of  Towies.  The  minor,  John  Forbes,  chose  Capilane 
Arthur  Forbes  of  Towies,  Mr.  Gawin  Dowglas  of  Eister  Barras,  John  Lumisden  of 
Tullicarne,  John  Calder  of  Migwie  and  John  Forbes  of  Culquhork  or  any  three,  John 
Calder  being  one.  Elizabeth  chose  Captain  Forbes,  Dowglas,  Lumisden,  Culquhork 
and  Alexr.  Calder  of  Asloun  or  any  three.  Of  these,  Dowglas,  Lumisden,  John  Calder 
and  Forbes  of  Culquhork  were  present  and  accepted  office. 

May  16.  General  Service  (Inq.   Gen.  No.  8540).      George  Currour  of  Swailend  to  John 

Currour  of  Durne,  his  great  great  great  grandfather.  The  ancestor  died  in  the  reign 
of  James  IV. 

26.  Curatory.     Wm.  Maitland,  eldest  lawful  son  of  the  late  Mr.  Robert  Maitland  of 

Monlatie.  The  next  of  kin  called  were  Mr.  Patrick  Maitland  of  Auchincreiff,  Walter 
Maitland  in  Fotterletter,  Andrew  Meldrum  of  Jaxtoun  and  James  Hay  in  Murefauld. 
The  minor  chose  Mr.  Patrick  Maitland  and  James  Hay  as  his  Curators. 

June  28.  Service— Idiotrie  (Inq.  de.   Tut.  No.  214).     David  Torrie,  formerly  at  Mill  of 

Boquhennachie.  The  jury  found  that  Andrew  Torrie  in  Balnakellie,  the  elder  brother 
of  David,  was  the  person  entitled  to  the  office  of  Tutor.  \Supra  10  Septr.  1610,  p.  62]. 

Protestation,  Margaret  Meldrum,  wife  of  David  Torrie,  protested  for  the 
appointment  of  Tutors  dative  to  her  husband,  in  respect  that  his  brother  Andrew  would 
not  take  up  the  office.  [Supra  10  Septr.  1610,  p.  62]. 

July  12.  General  Service  (Inq.  Gen.  No.  60 1).     Mr.  Patrick  Maitland  of  Carnefechill,  to 

Mr.  Robt.  Maitland  of  Carnefechill,  his  father. 

Special  Service  (Inq.  Spec.  Abd.  No.  138).  Mr.  Patrick  Maitland  of  Carne- 
fechil  to  Mr.  Robert  Maitland,  his  father.  Culshe,  &c.  in  the  Barony  of  Fedderet. 
Held  of  the  Crown  for  service  of  ward  and  relief.  Also  Carnefechill,  Auchinlek,  Mill 
of  Fechill,  &c. ,  and  lands  of  Pettrichie  in  the  Barony  of  Tarves  and  Regality  of  Abir- 
brothok,  held  of  the  Crown  in  feu  farm.  In  non-entry  since  death  of  Robert  Maitland 
in  Octr.  1614. 

26.  General  Service.     James  Cheyne   to  John  Cheyne,  at  one   time   portioner  of 

Bathelnie  [or  ?  Belhelvy],  his  father. 

Augt.  I.  General  Service.     John  Leslie  to  Patrick  Leslie,  at  one  time  of  Chappeltoun, 

his  father. 

71 


Aberdeenshire  Sheriff  Court: 

1615. 

Octr.  3.  Special  Service  (Inq.  Spec.  Aid.  No.  140).     George  Crawfurd  to  Wm.  Crawfurd 

of  Annachie,  his  father.  Annachie,  &c.  Held  blench  of  Alexr.  Irwing  of  Drum.  In 
non-entry  since  death  of  ancestor  in  Novr.  1605. 

15.  Revocation.     George  Johnestoun  of  Caskieben  made  a  general  Revocation,  and 

also  a  special  Revocation  of  a  Disposition  made  by  him  in  minority  to  Wm.  Forbes  of 
Tolquhone  and  Janet  Ogilwie  his  wife,  of  the  lands  and  barony  of  Wattertoun,  salmon 
fishing  on  the  Ithan,  &c.  in  the  parish  of  Ellon. 

Novr.  i.  Service — Terce.     Annas  Leslie,  widow  of  James  Leslie,  fiar  of  Otterstoun.     Her 

terce  of  the  dominical  lands  of  Mains  of  Leslie,  &c.  in  the  Barony  and  parish  of  Leslie. 

29.  Special  Service.     Alexr.  Pantoun,  burgess  of  Abd.  to  Wm.  Pantoun,  burgess  of 

Abd.,  his  paternal  uncle.  The  shadow  half  of  Auld  Sleauche,  in  the  parish  of  Drum- 
blait.  Held  blench  of  James  Gordoun  of  Lesmoir.  Old  value  5/-  Present  value  2O/- 
In  non-entry  since  death  of  ancestor  in  Septr.  1586.  (Vide  ^  Deer.  1613  supra,  p.  68.  )z 

Special  Service.  Robert  Mar  to  Mr.  Robert  Mar,  his  father.  Meikle  Ardoch 
in  the  parish  of  Belhelvie.  Held  blench  of  Patrick,  Earl  of  Kinghorne.  Old  value  2O/- 
Present  value  £4.  In  non-entry  since  death  of  ancestor  in  June  1614.  Reserving  the 
liferent  right  of  Jeane  Chalmer,  the  deceased's  widow.  ( Vide  2  Novr.  1614  supra, 
P-  70.) 

General  Service  (Inq.  Gen.  No.  610).  Thomas  Johnestoun  to  John  Johnestoun 
of  that  Ilk,  his  father. 

1616. 

Jany.  9.  Curatory.     Robert  Duguid,  eldest  lawful  son  of  the  late  Wm.  Duguid  in  Ward 

of  Slains.  The  next  of  kin  called  were  Wm.  Duguid  of  Auchinhuiff,  John  Duguid  his 
brother,  George  Hay  lawful  son  of  Alexr.  Hay  of  Brunthill,  Mr.  Patrick  Hay  his 
brother.  The  minor  chose  Wm.  Duguid  of  Auchinhuiff,  John  Hay  of  Ardlethin  and 
Patrick  Con  of  Auchry  or  any  two  of  them.  John  Hay  was  present  and  accepted  office. 
His  cautioner  was  George  Bruce,  "saidler  burges  of  Abd." 

Febry.  28.  Special  Service  (Inq.  Spec.  Abd.  No.  142).      Wm.  Seatoun  of  Blair  to  Wm. 

Seatoun  of  Blair,  his  father.  Sunny  half  lands  of  Ruddrestoune,  with  fishings,  in  the 
parish  of  Saint  Machar.  Held  in  feu  and  heritage  from  Crown,  for  payment  of  a  silver 
penny  if  asked  only.  In  non-entry  since  death  of  ancestor  in  Novr.  1608. 

March  26.  General  Service  (Inq.   Gen.  No.  630).     James  Dempster  to  John  Dempster  of 

Knokleyth,  his  brother. 

Special  Service  (Inq.  Spec.  Abd.  No.  143).  James  Dempster  to  John  Dempster 
of  Knokleyth,  his  brother.  The  sunny  third  part  of  Knokleyth,  in  the  Barony  of 
Auchterles-Dempster.  Held  of  the  Crown  in  feu  and  heritage  for  services  used  and 
wont.  Also  the  shadow  half  of  Logic  Auldtoun,  mill  and  others  in  the  Barony  of 
Auchterles-Meldrum.  Held  of  George  Meldrum  of  Haltoun  of  Auchterles,  in  feu  farm 
for  duty  of  10  merks.  In  non-entry  since  death  of  ancestor  in  Augt.  1615. 

I  The  Editor  can  find  no  explanation  for  this  second  service,  unless  by  supposing  that  the 
previous  one  had  been  forgotten  about. 

72 


Diet  Books :  Vol.  VIE.,  Part  IL,  Contents 

1616. 
April  9.  General  Service.     James  Clerk  in  Ardiffrie  to  Gilbert  Club,  his  maternal  uncle. 

May  15.  General  Service.     Patrick  Gordoun  of  Bountie  to  Alexr.  Gordoun  of  Bountie, 

his  father. 

17.  Service — Terce.      Lady  Anna  Murray,  Countess  of  Kinghorne.     Her  terce  of 

Kingseat,  with  advocation  and  right  of  patronage  of  Belhelvie.  Also  Over  and  Nether 
Mondurnoch  and  others  in  the  Barony  of  Fyvie  and  Regality  of  Abirbrothok.  Without 
prejudice  to  the  right  to  the  lands  of  Easter  Ardoch,  granted  by  the  late  Earl  to  the  late 
Robert  Mar,  burgess  of  Abd. ,  and  Jeane  Chalmer,  his  wife.  (Supra  pp.  70  and  72. ) 

Special  Service  (Inq.  Spec.  Abd.  No.  144).  John  Forbes  of  Tulloche  to  Robert, 
Commendator  of  Monimusk,  his  father.  Tilliriauche  and  Tullocheweinis  in  the  Barony 
of  Clunie.  Held  of  Arthur,  Lord  Forbes,  and  his  heirs  male  in  feu  farm  for  payment 
of  £8.  The  lands  of  Tillifour  and  mill,  &c.  in  the  parish  of  Monimusk.  Held  blench 
of  Lord  Forbes.  Bowak  and  mill,  &c.  held  of  the  Crown,  by  annexation  of  church 
lands,  for  payment  of  £,"]  io/-  In  non-entry  since  death  of  ancestor  in  Febry.  1616. 
Reserving  to  Agnes  Forbes,  the  widow  and  conjunct  fiar,  her  liferent  rights. 

General  Service  (Inq.  Gen.  No.  638).  Captain  John  Gordoun,  son  of  Captain 
Alexr.  Gordoun  to  Jean  Gordoun,  Lady  of  Rothimarkus,  his  father's  sister. 

June  25.  Curatory.     Johne  Forbes  of  Tulloche.     The  next  of  kin  called  were  Arthur,  Lord 

Forbes,  James  Forbes  of  Lethintie,  Patrick  Forbes  of  Corse  and  Mr.  Wm.  Forbes  of 
Meanie.  The  minor  chose  Patrick  Forbes  of  Corse,  George  Currour  of  Swailend  and 
Wm.  Duguid  of  Auchinhuiff  or  any  two,  of  whom  Patrick  Forbes  must  be  one.  All 
three  were  in  Court  and  accepted  office. 

Service — Terce.  Agnes  Forbes,  widow  of  Robert,  Commendator  of  Monimusk. 
Her  terce  of  the  lands  of  Bowak,  mill  and  mill  lands  of  the  same,  in  the  parish  of 
Monimusk.  ( Vide  Supra. ) 

July  17.  Special   Service   (Inq.   Spec.   Abd.   Nos.    145   and    146).      Peter  Blakburne  to 

Peter  Blakburne,  Bishop  of  Aberdeen,  his  father.  Lands  and  Barony  of  Dyce.  Lands 
and  Mill  of  Dunnidur  and  lands  of  Rothmurriell  in  the  Regality  of  the  Gareoche. 
Held  of  the  Crown  in  feu  farm.  Also  Kirktoun  of  Dyce,  &c.  Held  of  the  Arch- 
bishop of  St.  Andrews  in  feu  farm.  Also  part  of  Meikle  Endovie,  in  the  parish  of 
Alford,  held  of  Wm.  Forbes  of  Corsinday  in  feu  farm.  In  non-entry  since  the  death  of 
the  Bishop  on  14  June  immediately  preceding. 

Octr.  2.  Curatory.     Margaret,  Elspet,  Janet  and  Isobell  BlaKburne,  daughters  of  Bishop 

Peter  Blakburne.  The  next  of  kin  called  were  Mr.  Archibald  Blakburne,  Minister  at 
Abd.,  Mr.  Peter  Blakburne  son  of  the  Bishop,  George  Johnestoun  of  that  Ilk  and 
Gilbert  Johnestoun  of  Frosterhill.  Margaret  chose  Mr.  Duncan  Forbes  of  Lethintie, 
Mr.  Archibald  Blakburne  and  Gilbert  Johnestoun,  of  whom  the  last  two  named  must 
be  two.  Elspet  chose  Robert  Johnestoun  of  Cremond  and  Gilbert  Johnestoun. 
Janet  chose  Mr.  Duncan  Forbes  and  Mr.  Archibald  Blakburne,  while  the  choice  of 
Isobell  fell  on  Mr.  Duncan  Forbes  and  Mr.  Patrick  Guthrie.  The  only  two  who  were 
present  and  accepted  office  were  Mr.  Duncan  Forbes  and  Mr.  Archibald  Blakburne. 

K  73 


Aberdeenshire  Sheriff  Court: 

1616. 

Deer.  4.  Special  Service.      Patrick  Gordoun  to  Alexr.  Gordoun  of  Bountie,  his  father. 

The  croft  in  the  Barony  of  Kincardyne  O'Neill,  of  old  called  "  Alexr.  Sangis  croft." 
Formerly  held  of  the  Rector  of  Kincardyne  O'Neill,  thereafter  of  the  Crown  in  feu  farm 
for  payment  of  37/-  In  non-entry  since  death  of  ancestor  in  August  1584. 

1617. 
Fehry.  12.  General  Service  (Inq.  Gen.  No.  676).     Margaret  Gradane  to  Margaret  Walker 

wife  of  Edmond  Gradane  in  Kinloche,  her  mother. 

20.  General  Service.       George,  Earl  Marischal,  as  heir  of  conquest  to  Sir  Robert 

Keyth  of  Benholme,  knight,  his  brother  german. 

April  29.  Special   Service    (Inq.   Spec.   Abd.    No.    149).       Patrick    Hepburne   to   Patrick 

Hepburne  at  Mill  of  Abirdour,  his  father.  Lands  of  Ferihill,  &c.  in  the  parish  of  St. 
Machar.  Held  formerly  of  the  Minister  of  the  Monastery  of  the  Holy  Trinity  of  Aber- 
deen, as  part  of  the  patrimony  of  the  Monastery,  and  thereafter  of  the  Crown  in  feu 
farm,  for  payment  of  £20.  In  non-entry  since  death  of  ancestor  in  Deer.  1616. 
Reserving  to  Janet  Cheyne  the  widow  and  conjunct  fiar,  her  liferent  right  to  the  sunny 
half  of  Ferrihill,  etc. 

June    4.  General  Service.     Christian  Robertsone,  wife  of  John  Blak,  Shoemaker  in  Old 

Aberdeen  to  Gilbert  Robertsone,  her  brother. 

7.  Special  Service  (Inq.  Spec.  Abd.  No.   151).      Patrick  Gordoun  of  Halheid  to 

Patrick  Gordoun  of  Halheid,  his  father.  Halheid  and  Corquhunderland  in  Cushnie. 
Held  of  the  Crown  for  service  of  ward  and  relief.  In  non-entry  since  death  of  ancestor 
in  Deer.  1616.  Reserving  the  rights  of  Janet  Gordoun,  the  widow. 

II.  Curatory.     Thomas  Gray,  lawful  son  of  the  late  Andrew  Gray  in  Kemnay.     The 

next  of  kin  called  were  Wm.  Gray  in  Isakstoune,  Thomas  Bruce  in  Rathaurald,  Alexr. 
Melwill  in  Craigearne,  James  Melwill  in  Carnetradlene.  The  minor  chose  Thomas 
Bruce,  for  whom  Walter  Cheyne  in  Tullebin  became  cautioner. 

March  19.'         General  Service  (Inq.  Gen.  No.  689).     Elizabeth  Setoune  to  Alexr.  Setoune,  fiar 
of  Meldrum,  her  father. 

i         General  Service  (Inq.  Gen.  No.  690).      Elizabeth  Setoune  to  Alexr.  Setoune  of 
Meldrum,  her  grandfather. 

1 8.  Special  Service.      Thomas  Craik  in  Lennie  to  Thomas  Craik  in  Dirahous  of 

Rethin,  his  grandfather.  The  croft  called  the  Dira  Croft  of  Rathin  in  the  town  of 
Rathin  and  Barony  of  Phillorth.  Held  blench  of  Alexr.  Fraser  of  Phillorth.  Old 
value  6/-  Present  value  24/-  In  non-entry  since  death  of  ancestor  in  April  1605. 
Reserving  to  Agnes  Park,  his  widow,  her  liferent  right. 

July  23.  General  Service  (Inq.  Gen.  No.  70x3).     Walter  Mollysone  to  John  Mollysone  in 

Lachintullie,  his  father. 

I  These  and  a  good  many  other  services  in  the  pages  which  follow  were  entered  in  the 
original  out  of  their  chronological  order  and  are  entered  here  in  the  same  way. 

74 


Diet  Books:  Vol.  Vffl.,  Part  IL,  Contents 

1617. 

July  23.  Special  Service  (Inq.  Spec.  Abd.  No.  152).      Walter  Mollysone  to  John  Molly- 

sone  in  Lachintillie,  his  father.  Half  the  town  and  lands  of  Glak  in  the  Barony  of 
Muchell.  Held  blench  of  Andrew  Fraser  of  Steaniewood.  In  non-entry  since  death 
of  ancestor  in  June  1594. 

Augt.   7.  Curatory.     William  Forbes  of  Knapernay,     The  next  of  kin  called  were  Wm. 

Forbes  of  Tolquhone,  Mr.  Walter  Forbes  of  Auchridie,  Wm.  Hay  of  Delgatie  and 
Walter  Hay,  indweller  in  Edinburgh.  The  minor  chose  Mr.  Walter  Forbes  of  Auch- 
ridie, John  Forbes  of  Petnacaddell,  John  Johnestoune  of  Sleepiehillok,  George 
Johnestoune  of  Fawalls,  John  Collisone  of  Auchlownies  and  John  Hay  of  Cremondmo- 
gat,  or  any  three,  John  Collisone  being  always  one.  Johnestoune  of  Sleepiehillok, 
Johnestoune  of  Fawalls  and  Collisone  were  present  and  accepted  office. 

Deer.  20.  Service — Tutory  (Inq.  Tut.  No.  266).  Janet  Allane  alias  Braber,  daughter  of 
the  late  John  Allane  alias  Braber,  in  Stering  of  Glenmuick.  John  Allane  alias 
McBraber  in  Ballogie1  was  found  entitled  to  the  office. 

General  Service  (Inq.  Gen.  No.  713).  Christiane  Cheyne  to  Mr.  Francis  Cheyne 
of  Craigie,  her  father. 

Special  Service  (Inq.  Spec.  Abd.  No.  154).  Christiane  Cheyne  to  Mr.  Francis 
Cheyne  of  Craigie,  her  father.  The  town  and  lands  of  Craigie-Tarves  and  ' '  Grein 
hills  of  Craigie,"  &c.  in  the  Regality  of  Abirbrothok.  Held  in  feu  farm  of  the  Marquis 
of  Huntly  and  his  successors  as  Barons  of  the  Barony  of  Tarvis,  for  payment  of 
.£10  195.  iod.,  and  with  performance  of  certain  feudal  services.  In  non-entry  since 
death  of  ancestor  in  October  1604. 

1618. 

Jany.  13.  Special    Service    (Inq.  Spec.  Abd.  No.  155).      George,   Marquis  of  Huntly  to 

George,  Earl  of  Huntly,  his  grandfather.  Parts  of  Coclarachie,  &c.  Held  of  the 
Crown  for  service  of  ward  and  relief.  In  the  hands  of  the  Superior  since  the  death  of 
ancestor  in  October  1562,  being  55  years  and  3  months,  viz.  :  by  reason  of  ward  for  8 
years  and  by  reason  of  non-entry  for  47  years  and  3  months.  The  following  13  jurors 
sat  upon  the  inquest : — James  Cheyne,  apparent  of  Arnage  ;  George  Leyth  of  Overhall 
of  Bairnis  ;  Mr.  Robert  Bisset  of  Lessindrum  :  Alexr.  Lyone  of  Brakey  ;  Alexr.  Spens 
of  Boddome ;  Mr.  Wm.  Gordoun,  son  of  George  Gordoun  of  Coclarachie  ;  Thomas 
Gordoun,  son  of  John  Gordoun  of  Lentusche;  Mr.  Robert  Udnie  of  Tillicorthie;  James 
Gareoche  of  Kinstair ;  Wm.  Leslie  of  Littill  Warthill ;  Mr.  Thomas  Mollysone, 
common  clerk  of  Abd.  ;  Alexr.  Gordoune  at  Kethokismiln ;  Wm.  Udnie,  fiar  of 
Udnie. 

General  Service  (Inq.  Gen.  No.  716).  George  Stewin,  Baker  in  Abd.  to  Andrew 
Tulledaff  of  that  Ilk,  his  maternal  grandfather. 

Feby.  18.  General  Service.     George  Edward  to  Andrew  Edward  in  Bonnytoune,  his  father. 

i.  Probably  the  old  Ballogie  in  Braemar,  not  the  modern  Ballogie  in  Birse. 

75 


Aberdeenshire  Sheriff  Court: 

1618. 

Mar.   II.  Special  Service  (Inq.  Spec.  Abd.  No.  156).     John  Kinnaird  to  Patrick  Kinnaird 

of  that  Ilk,  his  father.     Kininmond  and  Perskow  with  house,  garden  and  an  acre  of 

.     arable  ground  adjacent  thereto,  in  the  town  of  Corthiecrome  in  the  Barony  of  Slains. 

Held  blench  of  Francis,  Earl  of  Erroll.     In  non-entry  since  death  of  ancestor  in  Novr. 

1616. 

June    7.  General  Service.     Wm.  Lindsay  to  Mr.  James  Lindsay  of  Cushnie,  his  father. 

March  25.  General  Service  (Inq.   Gen.  No.  735).     George  Currour  of  Swailend  to  Andrew 

Currour  of  Inschedrour,  his  great  grandfather.  The  ancestor  died  in  the  reign  of 
James  V. 

General  Service  (Inq.  Gen.  No.  736).  George  Currour  of  Swaillerid  to  George 
Currour  of  Petskillie,  his  great  great  grandfather.  The  ancestor  died  in  the  reign  of 
James  VI. 

July  15.  Special  Service  (Inq.  Spec.  Abd.  No.  157).     William  Woid  to  Alexr.  Woid  of 

Colpnay,  his  father.  The  sunny  third  part  of  Meikill  Finnersie,  Littill  Finnersie  and 
Monecht,  &c.  in  the  Lordship  of  Mar.  Held  of  the  Crown  for  service  of  ward  and 
relief.  In  non-entry  since  death  of  ancestor  in  June  1614. 

Octr.    6.  General  Service.     Margaret  Keyth  to  Magnus  Keyth,  portioner  of  Finnersie,  her 

father. 

Novr.  13.  Curatory.     Donald  Farquharsone,  lawful  son  of  the  late  Donald  Farquharsone  of 

Tilliegarmond.  The  next  of  kin  called  were  Robert  Farquharsone  of  Feinzeane,  Alexr. 
Farquharsone  of  Thome,  David  Farquharsone  of  Ba  ,  James  Gordoune  of  Knoke- 

spok  and  Wm.  Gordoune  of  Aradowll.  The  minor  chose  Sir  Alexr.  Gordoune  of 
Clunie,  knight,  James  Gordoune  of  Knokespok,  Wm.  Gordoune  of  Kennertie,  Alexr. 
Farquharsone  of  Tome,  Robert  Farquharsone  of  Feinzeane  and  James  Farquharsone  of 
Spittell,  or  any  four,  of  whom  Knokespok  and  Feinzeane  were  to  be  two.  The  laird  of 
Feinzeane  was  present  and  accepted  office. 

Curatory.  Janet  Watsone,  lawful  daughter  of  the  late  Robert  Watsone  in  Wod- 
toune.  The  next  of  kin  called  were  David  Watsone  in  Sigget,  Robert  Barclay  there, 
George  Watsone,  Messenger  in  Turreff,  and  Hendrie  Kemptie  at  the  Mill  of  Tiftie.  The 
minor  chose  David  and  George  Watsone  for  her  Curators. 

1619. 
Jany.  12.  General  Service.     James  Grant  to  James  Grant  of  Dilrossat,  his  father. 

29.  General  Service.     John  Leslie,  son  of  the  late  Patrick  Leslie  in  Chappeltoun  to 

Barthol  Leslie  in  Chappeltoun  of  Leslie,  his  paternal  uncle. 

June   2.  General  Service  (Inq.  Gen.  No.  839).      Mr.   Robert  Gardyne  to  Mr.   Thomas 

Gardyne  of  Blairtoune,  his  father. 

Octr.  5.  General  Service  (Inq,  Gen.  No.  858).     Wm.  Setone  of  Meldrum  to  John  Setone 

of  Meldrum,  his  brother. 

76 


Diet  Books:  Vol.  Vffl.,  Part  H,  Contents 

1619. 

Octr.     5.  Special  Service  (Inq.  Spec.  Abd.  No.  163).     Wm.  Setone  of  Meldrum  to  John 

Setone  of  Meldrurn,  his  brother.  The  lands  and  Barony  of  Meldrum,  &c.  In  non- 
entry  since  death  of  ancestor  in  July  1619. 

6.  Service — Terce.     Marjorie  Innes,  widow  of  Wm.  Buchane  of  Dyce.     Her  terce 

of  the  Kirktoun  of  Dyce,  with  salmon  fishing  on  the  Don,  Mill  of  the  same,  &c.  in  the 
Regality  of  St.  Andrews. 

Service — Tutory  (Inq.  Tut.  No.  324).  Jeane  Buchane,  lawful  daughter  of  Wm. 
Buchane,  burgess  of  Abd.  Mr.  Henry  Buchane,  burgess  of  Abd.,  found  entitled  to 
the  office  of  Tutor. 

Service — Tutory  (Inq.  Tut.  No.  325).  Marjorie  Buchane,  daughter  of  Wm. 
Buchane.  Mr.  Henry  Buchane  chosen. 

Special  Service  (Inq.  Spec.  Abd.  No.  164).  James  Heleburtone  of  Petcair 
[Petcur]  to  Sir  James  Heleburtone  of  Petcair,  knight,  his  father.  Half  lands  and 
Barony  of  Drumblait,  &c.  Held  of  the  Crown  for  service  of  ward  and  relief.  In  non- 
entry  since  death  of  ancestor  in  Febry.  1619. 

19.  General  Service  (Inq.   Gen.  No.  864).      Mr.  James  Forbes  of  Hauchtoune  to 

Robert  Forbes  of  Tollie  [?  Coulie],  his  immediately  elder  brother. 

Septr.   ii.  General  Service  (Inq.  Gen.  No.  855).     John  Forbes  of  Leslie,  as  heir  of  conquest 

to  Robert  Forbes,  portioner  of  Coulie,  his  immediately  younger  brother. 

Special  Service  (Inq.  Spec.  Abd.  No.  162).  John  Forbes  of  Leslie,  as  heir  of 
conquest  to  Robert  Forbes,  portioner  of  Coulie,  his  immediately  younger  brother.  Six 
ploughs  of  Culie,  &c.  Held  blench  of  Wm.  Forbes  of  Monymusk.  In  non-entry  since 
death  of  Robert  Forbes  in  July  1619. 

Jany.  3.  Special  Service.     John  Lowsone,  burgess  of  Abd.  to  Adam  Lowsone,  burgess  of 

Abd.,  his  brother.  Two  oxgait  of  the  two  sunny  ploughs  of  Percock.  One  oxgait  of 
the  sunny  plough  of  the  shadow  half  thereof.  Also  one-seventh  part  of  three  oxgait  of 
all  three  ploughs  thereof.  Old  value  io/-  Present  value  4O/-  Held  blench  of  Alexr. 
Fraser  of  Techmurie.  In  non-entry  since  death  of  Adam  Lowsone  in  Octr.  1618. 

1618. 

Augt.  19.  General   Service   (Inq.   Gen.  No.  770).      George  Leslie  of  that  Ilk  to  Alexr. 

Leslie  of  that  Ilk,  his  great  grandfather.  Alexr.  Leslie  died  in  the  reign  of  Mary, 
Queen  of  Scots. 

Special  Service  (Inq.  Spec.  Abd.  No.  158).  George  Leslie  of  that  Ilk  to  John 
Leslie  of  that  Ilk,  his  grandfather.  Church  lands  of  Leslie,  &c.  Held  formerly  of  the 
vicars  of  Leslie,  thereafter  of  the  Crown  in  feu  farm  for  payment  of  4  merks.  In  non- 
entry  since  death  of  predecessor  in  Novr.  1 592. 

1619. 
June  30.  General  Service.     David  Skeddowaye  to  Alexr.  Mowat,  his  maternal  grandfather. 

77 


Aberdeenshire  Sheriff  Court: 

1619. 

Novr.  1 6.  Special  Service.     John  Chein,  lawful  son  of  the  late  Gilbert  Chein,  formerly  of 

Tilliburies  to  Wm.  Chein,  his  father's  brother.  The  lands  of  ?  Owerhills  in  the  parish 
of  Kellie.  Held  blench  of  John  Gordoun  of  Buckie.  Old  value  5/-  Present  value 
2O/-  In  non-entry  since  death  of  ancestor  ' '  in  bello  Muscovitano  inter  Pollones  et 
Muscovitas"  in  1614. 

30.  General   Service   (Inq.    Gen.   No.    870).       William   Blackburne   to   Mr.    Peter 

Blackburne  of  Endowie,  his  brother. 

Special  Service  (Inq.  Spec.  Abd.  No.  165).     William  Blackburne  to  Mr.  Peter 
Blackburne  of  Endowie,  his  brother.     Parts  of  Mekill  Endowie  in  Alford.     Held  of 
the  Crown  in  feu  farm  for  payment  of  2O/-     In  non-entry  since  death  of  ancestor  in 
•   Octr.  immediately  preceding. 

17.  General  Service.     Thomas  Gordone  to  Alexr.  Gordone  at  Kethockismilne,  his 

father. 

June  30.  Special  Service  (Inq.  Spec.  Abd.  No.  161).     George  Leith  to  Gilbert  Leith  of 

Barnes,  his  father.  The  shadow  part  of  Erlisfield  in  Premnay.  Held  blench  of  George 
Leslie  of  that  Ilk.  In  non-entry  since  death  of  ancestor  in  Octr.  1603. 

Deer.  1 6.  General  Service.     Elizabeth  Eraser  to  James  Brabner,  in  Abd.,  her 

maternal  uncle. 

1620. 

March  2.  General  Service  (Inq.    Gen.   No.   894).      James  Crichtoune  of  Frendraucht  to 

James  Crichtoune  of  Frendraucht,  his  father. 

June  9.  Special  Service  (Inq.  Spec.  Abd.  No.  167).     Patrick  Leith  of  Liklieheid  to  Wm. 

Leith  of  Liklieheid,  his  grandfather.  Auchnagathill  and  others,  described  at  great 
length.  In  non-entry  since  death  of  ancestor  in  June  1598. 

April  25.  General  Service.     George  Baird   of  Auchmedden   to   Gilbert   Baird   of  Auch- 

medden,  his  father. 

Special  Service  (Inq.  Spec.  Abd.  No.  166).  George  Baird  of  Auchmedden  to 
Gilbert  Baird  of  Auchmedden,  his  father.  The  lands  of  Auchmunziell,  Carnebanno 
and  others  in  the  Lordship  of  Deir,  now  called  Altrie.  Held  formerly  of  George,  Earl 
Marischal,  and  now  of  Lord  Wm.  Keith  of  Altrie.  In  non-entry  since  March 
immediately  preceding. 

June  7.  General  Service  (Inq.  Gen.  No.  900).     Alexr.  Craige  to  Wm.  Craige  of  Craigis- 

fintraye,  his  father. 

26.  Special  Service  (Inq.  Spec.  Abd.  No.  168).      Mr.  James  Skein  to  Mr.  Gilbert 

Skein  of  Waster  Corss,  his   father.       Half  lands   Corsindaye,    Carndaye,    Badinley, 
Endovie,   Badevin  and  Kebitie,  all  held  of  Alexander,  Master  of  Forbes.       In  non- 
entry  since  death  of  ancestor  in  November  1616. 
1621. 

Jany.  10.  Service — Terce.     Marjorie  Innes,  widow  of  Wm.  Buchane  of  Dyce.     Her  terce 

of  the  lands  of  Petmedden  in  the  parish  of  Dyce,  fishing  on  Don  and  others. 

78 


Diet  Books:  Vol.  VIE,  Part  IL,  Contents 

1621. 

Jany.  31.  Special   Service   (incomplete).      Patrick   Davidsone   to   Mr.    Wm.    Davidsone, 

burgess  of  Abd.,  his  father.  An  annual  rent  of  100  merks,  payable  half-yearly  at  the 
feasts  of  Pentecost  and  St.  Martin  ;  but  a  page  is  missing,  and  the  lands  therefore  not 
found. 

Date  wanting.     General  Service  (incomplete).     John  Muir  to  Katherine  Muir,  his  paternal  aunt. 

March  14.  Special  Service  (Inq.  Spec.  Abd.   No.   169).      Wm.   Gordone  of  AbirzeWie  to 

James  Gordone  of  Midmar,  his  paternal  grandfather.  Carntrailzean,  with  mill,  &c. 
Held  blench  of  James,  Earl  of  Buchan.  In  non-entry  since  death  of  ancestor,  "qui 
decessit  in  bello  de  Pinkie  in  mense  Septembris"  1547. 

June  9.  Special  Service.     Charles  Chalmer  to  John  Chalmer  in  Fintray,  his  father.     The 

lands  of  Corskie  and  Tillebrekie,  being  parts  and  pertinents  of  the  lands  of  Coisindaye. 
As  also  the  mill  of  Corsindaye  in  the  parish  of  Midmar.  Held  in  feu  farm  for  payment 
of  ^4,  formerly  of  Wm.  Forbes  of  Corsindaye,  but  then  of  James  Garioche  of  Kinstair 
and  the  heirs  of  the  late  Mr.  Gilbert  Skein  of  Waster  Corss,  in  virtue  "decreti 
appretiationis  earumdem  pro  certis  pecuniarum  summis  per  dictum  Gulielmum  Forbes 
dictis  personis  suis  creditoribus  debitis  et  non  solutis."  In  non-entry  since  death  of 
ancestor  in  Novr.  1605. 
1620. 

Octr.    4.  Service — Terce.     Janet  Ramsay,  widow  of  Wm.   Birnie  in  Fraserburgh.     Her 

terce  of  the  shadow  half  of  the  shadow  third  of  Estir  Tyrie,  in  the  Barony  of  Phillorth. 
"  Necnon  in  totis  et  integris  quatuor  solaribus  lie  dealls  cum  dimidietate  alterius  lie 
daill  Solaris  partis  terrarum  de  lie  bank  una  cum  umbrali  parte  lie  rige  de  Sandeland 
vulgo  sa  maikle  of  the  shaddow  rige  as  the  said  four  sone  daills  and  shaddow  halff 
daill  wyneis  upone." 

1621. 
June   27.  General  Service.     George  Keith  to  Gilbert  Keith  in  Lorstoune,  his  father. 

Special  Service  (Inq.  Spec.  Abd.  No.  170).  George  Keith  to  Gilbert  Keith  in 
Lorstoune,  his  father.  The  lands  of  Ower  Cremongorthe  in  the  parish  of  Cremonperk. 
Held  blench  formerly  of  Lord  William  Hay  of  Urie,  then  of  Francis,  Earl  of  Erroll. 
In  non-entry  since  death  of  ancestor  in  Octr.  1618.  Reserving  to  David  Woid,  fifth 
son  of  the  late  Archibald  Woid  of  Middle  Disblair,  an  annual  rent  of  ^40  out  of  the 
sunny  third  part  of  said  lands.  Also  to  James  Woid,  grandson  of  the  said  Archibald, 
an  annual  rent  of  £20  out  of  the  shadow  fourth  part  thereof.  Also  to  Walter 
Woid,  seventh  son  of  Archibald,  an  annual  rent  of  £20  out  of  the  sunny  fourth  of  the 
shadow  half  thereof. 

Octr.  31.  Special  Service  (Inq.  Spec.  Abd.  No.  171).      Alexr.  Skene  to  Janet  Skene,  his 

mother.  Part  of  Auchtererne,  &c.  Held  of  the  Crown  for  service  of  ward  and  relief. 
In  non-entry  since  death  of  ancestor  in  March  1621. 

1622. 

Febry.  13.  Service — Tutory.      James  Elphinstoun,  son  of  John  Elphinstoun  of  Warthill. 

Mr.  James  Elphinstoun  of  Bairnis  found  entitled  to  the  office. 

Service — Tutory.  Alexander  Elphinstoun,  son  of  above.  The  said  Mr.  James 
Elphinstoun  appointed. 

79 


Aberdeenshire  Sheriff  Court 

1622. 

Febry.  27.  Special  Service  (Inq.  Spec.  Abd.  No.  172).      George  Gordoune  of  Halheid  to 

Patrick  Gordoun  of  Halheid,  his  brother.  Halheid  and  Corquhunderland  in  the  parish 
of  Cushnie.  Held  of  the  Crown  for  service  of  ward  and  relief.  In  non-entry  since 
death  of  ancestor  in  Octr.  1621.  Reserving  to  Janet  Gordoune,  mother  of  George,  her 
liferent  rights. 

March  13.  Service — Tutory.     Thomas  Mortimer,  lawful  son  of  the  late  Wm.   Mortimer, 

Jun.,  in  Logiedurnocht.     Andrew  Mortimer  in  Ryhill  found  entitled  to  the  office. 

June   5.  Special  Service.     John  Leslie  of  Petcapill  to  Duncan  Leslie  of  Petcapill,  his 

father.  Kirktoun  of  Daviot,  with  the  teinds,  &c.  in  the  parish  of  Daviot.  Held  feu 
of  the  Crown  by  annexation  for  duty  of  19  merks.  In  non-entry  since  death  of  ancestor 
in  Septr.  1602. 

12.  General  Service  (Inq.  Gen.  No.  1030).      Elizabeth  Innes,  wife  of  Lachlan  Grant 

of  Wester  Elshois  [?  Elchies]  to  John  Innes  of  Auchluncart,  her  grandfather. 

14.  General  Service.      Thomas  Mengzeis  to  Robert  Mengzeis,  formerly  of  Boighoill, 

burgess  of  Abd.,  his  father. 

Service — Terce.  Isobell  Forbes,  widow  of  James  Gordoune,  fiar  of  Newtoune. 
Her  terce  of  the  lands  and  Barony  of  Newtoune  of  Wranghame,  containing  in  special 
Newtoune  of  Wranghame,  with  grain  and  walk  mill  thereof,  Kirktoune  of  Colsalmound, 
Leddinghame  with  mill,  &c.  with  the  customs  of  Saint  Serfs  market. 

1619. 
June  9.  General  Service.     James  King  to  Wm.  King  of  Barraucht,  his  father. 

Novr.  17.  General  Service  (Inq.  Gen.  No.  869).     Isobell  Forbes  to  Robert  Alerdes  of  that 

Ilk,  her  father. 
1620. 
Jany.  26.  General  Service.     Francis  Leslie  to  John  Leslie  in  Keithnie,  his  father. 

1622. 

July  10.  Special   Service.      Jeane  Buchane,  one  of  the  daughters  and  co-heirs  of  Wm. 

Buchane  of  Dyce,  her  father.  Nether  Dyce  with  the  pendicles  called  Rethis  and  Glen, 
with  salmon  fishing  on  the  Don,  with  privileges  and  pertinents,  and  specially  those 
belonging  to  a  free  Barony,  situated  in  the  Thanage  of  Kintore.  In  special  warranty  of 
the  foregoing,  the  lands  of  Dunnideir  and  mill  thereof,  Rothmurriell  with  the  office  of 
Bailliary  of  the  Regality,  situated  in  the  Regality  of  the  Garioch.  Also  Kirktoune  of 
Dyce  and  others,  with  the  jurisdiction  of  Bailliary  of  Regality,  situated  in  the  parish  of 
Dyce  and  Regality  of  St.  Andrews.  The  lands  of  Petmedden  with  the  right  of  taking 
fish  in  the  Don,  &c.  Nether  Dyce,  Rethis  and  Glen,  held  in  feu  farm  from  the  Crown 
for  payment  of  £8.  Dunnideir  and  others  held  of  the  Crown  in  feu  farm  for  payment 
of  £40.  Kirktoune  of  Dyce  held  of  the  Archbishop  of  St.  Andrews  in  feu  farm  for 
payment  of  £6  135.  4d.  Petmedden  held  of  the  Provost  and  Baillies  of  Abd.  in  feu 
farm  for  payment  of  £6  and  84  bolls  of  victual,  half  meal,  half  malt,  and  other  duties. 
The  whole  subjects  in  non-entry  since  death  of  ancestor  in  June  1619. 


80 


The  Minute  Books  of  Judicial  Enactments 
Vol.  L,  1 605-8 

The  foregoing  was  the  title  given  to  a  series  of  eight  volumes, 
covering  the  greater  pirt  of  the  period  from  1605  to  1729,  by  those  who 
caused  the  various  Books  to  be  cared  for  and  freshly  bound  in  the  first 
half  of  the  ipth  century.  Whether  there  ever  existed  older  books  of  the 
same  class  or  not  cannot  now  be  either  affirmed  or  denied  ;  but,  un- 
questionably, numerous  instances  of  the  kind  of  entries  which  they 
contain  were,  before  the  date  at  which  this  series  opens,  found  scattered 
through  the  Diet  Books.  It  may  quite  well  be  that  the  Sheriff  Clerk 
who  had  begun  specialization  by  opening  a  Decree  Book  in  1597  was 
now  merely  proceeding  farther  upon  the  same  lines. 

The  name  by  which  these  volumes  are  called  is  quite  fairly  descrip- 
tive of  their  contents.  They  contain  the  record  of  appearances  in  Court 
by  parties  themselves,  or  by  procurators  for  them  duly  authorised,  for  the 
purpose  of  declaring  themselves  bound  in  facie  curice  either  to  do  or  to 
abstain  from  doing  certain  acts.  The  obligation  to  stand  security  for  an 
arrestee,  that  the  goods  or  money  arrested  should  be  forthcoming  in  due 
course  of  law  to  the  arrester,  was  a  very  common  form  of  judicial 
enactment,  as  was  also  the  obligation  to  produce  an  accused  person  for 
trial  under  a  penalty.  Of  Renunciations  and  Discharges  by  married 
women,  coupled  with  Ratifications  on  oath  binding  themselves  not  to 
challenge  deeds  granted  by  them  or  to  which  they  were  parties  along 
with  their  husbands,  or  which  had  been  granted  by  their  husbands  with 
some  possible  prejudice  to  their  rights,  there  are  a  great  number,  most  of 
them  carried  through  in  Court  at  Aberdeen  ;  but  some,  to  suit  the 
convenience  of  county  ladies,  on  commission  at  their  own  residences  in 
the  country.  Agreements  or  obligations  to  remove  from  land  are  also 
numerous.  There  are  also  occasional  instances  of  the  Registration  of 
writings  for  execution. 

In  this  class  of  Books  of  Court  are  naturally  to  be  found  more 
signatures  than  in  any  other,  and  where  the  parties  could  write  they 

L  8 1 


Aberdeenshire  Sheriff  Court 

signed  the  entries.  Many,  especially  in  this  volume,  are  unsigned. 
The  Sheriffs  depute  sometimes  signed,  but  not  always,  and  it  is 
difficult  to  account  for  their  neglect  to  do  so.  Procurators  who 
appeared  in  virtue  of  mandates  for  absent  clients  rarely  did  so. 
Although  quite  usual  in  subsequent  volumes  of  this  series,  no  instance  of 
Notarial  subscription  has  been  observed  in  this  volume.  A  few  leaves 
would  seem  to  be  wanting  at  the  beginning  of  the  volume,  which  con- 
sists of  176  closely  written  pages. 


82 


Table  of  Contents  of  Vol.  L  of  Minute  Books  of 
Judicial  Enactments 

1605. 

Novr.  18.  Loosings  of  Arrestments.      Barbara  Mowat,  Lady  Leisk,  Wm.  Leisk  of  that 

Ilk  and  George  Gordoun  of  Bogbray  v.  Alexr.  Forest  in  the  Newtoun  of  Colliestoun. 
Claim  for  the  rent  and  arrears  of  rent  of  Bogbray.  Cautioner  Andrew  Reid  of 
Colliestoun. 

23.  Isobell   Mar  in    Cowsteanis   v.   George    Malis  in    Badindauche.     Cautioner    Mr. 

William  Ray  in  Waster  Fintray. 

28.  George  Dempster   of  Ordley  v.  Alexr.  Forbes  in  Turref,  Wm.   Forbes  his  son, 

Thomas  Chalmer  there  and  Alexr.  Chalmer  his  son.  Cautioner  Wm.  Houstoun  in 
Turref. 

Discharge  and  Ratification.  Christane  Lumisden,  one  of  the  daughters  and 
co-heirs  of  the  late  Mr.  Robert  Lumisden  born  to  him  and  his  wife  Elct  Keyth,  and  wife 
of  Alexr.  Duff  of  Torrisoul,  in  favor  of  Mr.  Robert  Lumisden  now  of  Affleck.  Mrs. 
Duff  had  certain  rights  under  the  Charter  by  which  Mr.  Robert  Lumisden  [presumably 
her  brother]  succeeded  to  the  lands  of  Affleck,  &c.,  which  had  been  executed  at 
Auchnacant  on  4  March  1583.  In  consideration  of  certain  sums  paid  to  her,  she,  out- 
with  her  husband's  presence,  discharged  her  rights,  renounced  the  exception  "  Senatus 
Consulti  Velliani  and  all  utheris  introducit  in  favours  of  women,"  &c. ,  and  gave  her 
oath  not  to  quarrel  this  discharge.  A  right  to  a  chalder  of  victual  yearly  was  reserved. 
Her  husband  then  appeared  and  consented,  the  signatures  of  them  both  and  of  the 
Sheriff  depute  being  appended  to  the  entry. 

Deer.  10.  Loosings  of  Arrestments.     George  Dowertie  in  Archedlie  v.  George  Barclay  of 

Auchredie  and  Andrew  Dauidsone,  George  Lyell,  Robert  Philip  and  Patrick  Cowesone, 
all  in  Auchredie.  Cautioner  Sir  Patrick  Barclay  of  Tollie,  knight. 

14.  James  Dempster,  portioner  of  Ordley  v.  James  Mershell,  Messenger.     Here  there 

was  a  written  obligation  granted  by  James  Sincler  in  Park  of  Fyvie  as  cautioner,  which 
was  presented  for  registration  by  Mr.  Wm.  Chalmer,  Advocate. 

1 6.  George    Barclay   in   [?  of]    Auchredie   v.    George    Douertie   in  Archedlie,   John 

Douertie,  elder,  there,  John  Hendersone  there,  John  Douertie,  Merchant  there,  and 
Wm.  Douertie  in  Lytill  Meldrum.  Here  also  there  was  a  written  obligation,  granted 
by  George  Gordone,  fear  of  Haddoch,  as  cautioner,  which  was  presented  by  Mr.  Robert 
Paip,  Advocate. 

30.  Caution  for  Fulfilling  a  Marriage  Contract.  Duncan  Mar  in  Newseit  of 
Tolchone  v.  Andrew  Akin  in  Kirkhill  of  Fowerane.  Akin  had  apparently  married 
Margaret  Mar,  daughter  of  Duncan  Mar,  and  by  this  act  Mr.  John  Irwing  in  Owerhill 
of  Petgirssoche  became  cautioner  for  "  the  furthe  freing  of  certane  heids  of  ane  contract 
of  matrimonie  maid  "  between  them. 

83 


Aberdeenshire  Sheriff  Court: 

1606. 

Jany.  2.  Theft     The  Procurator  Fiscal  (Mr.  Wm.  Barclay)  v.  William  Walker  in  Thunder- 

toun.  Henry  Middiltoun  of  Clackhill  was  surety  that  accused  would  appear  on  21 
January,  on  a  charge  of  stealing  from  Andrew  Fraser  of  Stanewod  of  "  certane  guids 
geir  pleuch  irneis  and  pleuch  geir  and  for  sic  uther  capital  cryms  as  sal  be  laid  to  his 
charge." 

6.  Loosings  of  Arrestments.      Dame  Elet  Gordoun,   Lady  Kinmundy,  and  Mr. 

Robert  Gordoun  her  son  v.  Alexr.  Gordoun  in  Avachie.  Sums  of  money  arrested  in 
the  hands  of  John  Bruce  and  Andrew  Wodman,  indwellers  in  Smallburne.  Cautioner 
Robert  Innes  of  Elrick. 

13.  Alexr.  Irwing  in  v.  Patrick  Leslie,  burgess  of  Abd.      Cautioner  John 
Leslie  of  Bolquhyne. 

14.  Alexr.  Fraser  of  Newforest  v.  James  Mershell,  Messenger,  Robert  Dauidsoun  in 
Quhytrassis,  Robert  Dauidsoun  in  Lanschor,  Thomas  Chalmer  in  Turref,  Alexander 
Chalmer  his  son,  Wm.  Forbes,  Merchant,  Wm.  Messer,  Messenger.     Cautioner  Alexr. 
Forbes  in  Turref. 

23.          John  and  Arthur  Cheyne  v.  John  Duncan,  "  Froster,"  in  Fyvie.     Cautioner  James 
Merschell,  Messenger  in  Fyvie. 

29.  George  Banerman  of  Watertoun  v.  Patrick  Hay  of  Hadow.     Two  stacks  of  corn 
in  the  yard  of  Alexr.  Wilicok  in  Ellon.     Cautioner  Gilbert  Keithe  of  Auchheiris. 

30.  George,    Earl   Merschell  v.    Patrick    Bodie   in    Myir   Syde.      Cautioner   George 
Quhytheid,  burgess  of  Abd. 

Feby.  15.  Barbara  Forbes,  Lady  Delgaty  and  Archibald  Dowglis  of  Burnetill  [or  Burnetie] 

her  husband  v.  James  Inneis  in  Ardgrane.  Cautioner  Patrick  Cruikschank  in 
Erllseat.  The  arrestment  was  for  rents  for  1605  and  1606. 

17.  Thomas  Meldrum  v.  John    Inneis   of  Logialtoun.      Cautioner  Robert  Inneis  of 

that  Ilk. 

19.  Patrick  Maitland  in  Andet  v.  Nicoll  Gib  in  Haddoch.     A  stack  of  oats  belonging 

to  Nicoll  Gib  and  standing  in  the  yard  of  James  Gib  in  Lytill  Meythlik.  Cautioner 
James  Birny  in  Tarves. 

23.  Alexr.   Walker,  son  of  Gilbert  Walker  in  Dudeweick  v.   Agnes  Craigheid  there, 

mother  of  Alexander  Walker.  Alexr.  Walker  had  arrested  in  order  to  secure  his 
legitim.  Cautioner  for  the  mother  Wm.  Kempt  in  Litill  Arnage. 

March  George  Banerman  of  Watertoun  v.  Mr.  Robert  Paip,  Patrick  Hay  in  Haddo  and 

Henry  Annand.     Corn  in  barnyards  at  Ellon.     Cautioner  Gilbert  Keythe  of  Aucheres. 

4.  Wm.  Irwing  of  Eister  Heltie  v.  Thomas  Duncane  at  the  Mylne  of  Eister  Beltie. 

The  arrestment  was  to  secure  the  landlord's  claims  against  Duncane  for  not  entering  to 
the  mill,  which  had  been  let  to  him,  and  for  rent.  Cautioner  Alexr.  Burnet,  elder, 
burgess  of  Abd. 

84 


Judicial  Enactments:  Vol.  I.,  Contents 

1606. 

March  8.  Loosings  of  Arrestments.    John  Raye,  burgess  of  Abd.  v.  John  Cowper  at  the 

Mylne  of  Udnie.  Raye  had  arrested  in  security  of  a  claim  of  100  merks.  Cautioner 
Wm.  Udnie  of  that  Ilk. 

19.  George  Car  in  Benwellis  v.  Gilbert  Dauidsone  there.     Car  had  arrested  in  security 
of  the  rent  of  Benwellis  for  crop  1603,  4,  5.     Cautioner  David  Prait  in  Bathalny. 

James  Dickie,  Pyper  v.  Gilbert  Tailzeour,  Messenger  in  Birnes.  500  merks 
belonging  to  Tailzeour.  Cautioner  Andrew  Crukschank,  Messenger  in  Ellone. 

20.  Bond  of  Assythment.     The  widow  and  children  of  the  late  John  Innes,  sometime 
in  Newburgh  v.  Wm.  Chalmer,  servitor  to  Wm  Blak  in  Newburgh.     Mr.  Robert  Paip, 
Advocate,  and  Mr.  Wm.  Chalmer,  Notary,  became  bound  to  pay  ^100  to  George  Innes 
and  James  Findlay  in  Newburgh,  for  behoof  of  the  widow  in  liferent  and  the  children 
in  fee,  in  satisfaction  for  the  death  of  John  Innes  at  the  hands  of  Wm.  Chalmer.     Both 
the  obligants  and  John  Gordone  the  Sheriff  depute  signed  the  entry. 

Removing.  James  Settoun  of  Petmedden  v.  Alexr.  Gray  in  Craig  of  Walethein 
[?  Allathein].  Gray  consented  to  remove  from  four  oxengait  instantly,  but  Marjory 
Sangster  his  wife  was  to  be  allowed  to  occupy  the  dwelling  house  until  Whitsunday. 
Gray  farther  admitted  £$i  of  arrears  of  rent,  for  which  he  disponed  "  thrie  oxin  &  twa 
key "  to  the  landlord.  Provision  is  made  for  the  disposal  of  the  surplus  value  of  the 
animals  should  there  be  any. 

26.  Loosings  of  Arrestments.      James   Ogiluie  of  Birnes  v.   Agnes   Craigheid   in 

Dudwik.  (Supra  23  Febry.)  Ogilvie  had  arrested  2200  merks  to  which  he  alleged  he 
had  right,  but  of  which  Agnes  Craighead  claimed  the  liferent.  Cautioner  Wm.  Kempt 
in  Littill  Arnage. 

29.  Gilbert  Keithe  of  Auchires  v.  Margaret  Innes  and  James  Keithe,  her  husband. 

The  arrestment  was  used  in  security  of  a  claim  for  the  "alledgit  distroying  doun 
cutting  of  the  grein  growing  treis1  within  the  yards  of  the  lands  of  Auld  Auchires  and 
doun  casting  of  the  houssis  "  &c.  Cautioner  John  Andersone  in  Dennies. 

Apl.  9.  Francis,  Earl  of  Erroll  v.  Wm.  Hay  in  Ludquharne.     The  arrestment  was  for  the 

Earl's  alleged  right  to  the  multures  of  the  "cornis  that  is  in  the  Gask  of  Cruden." 
Cautioner  Mr.  Wm.  Ord,  burgess  of  Abd. 

14.  George  Gib,  burgess  of  Abd.  v.  John  Dauidsone,  Tailzeour  at  the  Kirk  of  Fyuie. 
The  arrestment  was  for  an  alleged  debt  of  £21.     Cautioner  Patrick  Symsone  at  the 
Pryors  Milne  of  Fyvie. 

15.  Act  of  Eviction  and  Possession.       John,   Lord  Saltoun  v.  James  Mill.      In 
virtue  of  letters  from   the  Supreme  Court,   Lord  Saltoun  charged  John  Gordoun  of 
Bogis,  the  Sheriff  depute,  to  put  in  force  a  Decree  of  Removing  at  the  instance  of 
Alexr.   Mowtray,  burgess  of  Abd.   (to  which  he  was  assignee)  against  the  tenants  of 
"  tua  pleuches"  of  Mains  of  Drumbrek,  and  to  put  him  in  possession.     The  procedure 
upon  the  ground  is  given  in  the  entry. 

I  A  Statutory  offence  severely  punishable. 
85 


Aberdeenshire  Sheriff  Court: 

1606. 

April  1 8.  Lawborrows.    Walter  Jamesone  in  Tulloche  v.  James  Philp  in  Owertoun  of  Dyce. 

Gilbert  Johnestoun  in  Owertoun  was  cautioner  under  penalty  of  ^100.  It  was  con- 
ditioned that  if  Philp  removed  at  Whitsunday  the  cautioner  was  to  be  free  by  giving 
the  Sheriff  depute  notice  and  entering  him  in  the  Tolbooth  within  15  days  before  the 
term. 

26.  Loosings  of  Arrestments.      James  Merschell,  Messenger  v.  Robert  Schand  in 

Ordley.     Stocking  and  effects.     Cautioner  George  Dempster,  portioner  of  Ordley. 

Andrew  Cruickshank  in  Ellone  v.  Alexr.  Willicok  in  Ellone.  Crop,  stocking  &c. 
Cautioner  David  Kempt,  Baxter,  burgess  of  Abd. 

Act  of  Caution.  Elspet  Eduard  in  Kirktoun  of  Skeyne  v.  Isobell  Alexander 
there.  Alexr.  Thome  in  Kirktoun  was  cautioner  to  enter  Elspet  and  James  Thome  in 
Kirktoun  of  Skeyne  "  to  abyd  tryell  for  sic  thingis  as  ma  be  laid  to  their  chairge." 

Witchcraft.  Elspet  Adame,  wife  of  David  Norie,  for  whom  Thomas  Youngsone, 
burgess  of  Abd.  was  cautioner  that  she  should  enter  before  the  Sheriff  or  his  deputes 
upon  six  days  charge. 

May  I.  Removing.     Mr.  James  Eorbes  of  Auchinclache  v.  James  Riddell  in  Easter  Echt. 

The  subjects  were  "  ane  sone  pleuche  "  described  also  as  "  the  said  sone  aucht  oxingait" 
of  Easter  Echt. 

6.  Loosings  of  Arrestments.     John  Andersone  at  Cristis  Kirk  v.  James  Andersone, 
Merchant  in  Dunneduir.     Cautioner  Alexr.  Eduart,  Merchant  in  Meikill  Wardes.     The 
claim  was  for  40  merks. 

7.  John  Gray  at  the  Milne  of  Leisk,  George  Gray  his  brother  and  John  Davidsone  in 
Balschamsie  z».  Alexr.  Hucheon  in  Eister  Auchlowchies.     Cautioner  Alexr.  Leisk  in  the 
Maynes  of  Leisk. 

16.  Accounting.     John  Gray  at  the  Milne  of  Leisk,  George  Gray  his  brother  and 

other  children  and  grandchildren  of  the  late  Jean  Bruce  in  Auchquharnie  v.  Thomas 
Hay  in  Cask  of  Cruden.  Cautioner  James  Bruce  in  Aythie. 

30.  Loosings  of  Arrestments.     Wm.  Leisk  of  that  Ilk  v.  Patrick  Cruikschank  in 

Auchlaithin.     Cautioner  James  Innes  in  Ardgrein. 

June  2.  Magnus  Mowat  of  Balquhollie  •v.  John  Barclay  in  Woidend.     Cautioner  Sir  Patrick 

Barclay  of  Tollyie. 

5.  Robert  Innes  of  Elrik  v.  Mr.  Andrew  Bedie  in  Fraserburgh.     Besides  the  general 

arrestment  there  are  mentioned  "sic  sowmes  of  monie  as  ar  in  the  hands  of  Michael 
Eraser  of  Techmurie."  Cautioner  Gilbert  Keithe  of  Auchireis. 

Andrew  Reid  of  Collystoun  v.  Alexr.  Wegins  in  Collystoun.  What  was  arrested 
was  "his  biging  doris  windowis  cupliis  ruiffis  and  uthers  belanging  thairto  standing 
upone  the  toun  and  lands  of  Dowbmyre  of  Collystoun."  Cautioner  Gilbert  Wegins, 
Baxter,  burgess  of  Abd. 

86 


Judicial  Enactments:  Vol.  L,  Contents 


1606. 

June   5.  Loosings  of  Arrestments.     Mr.  Samuel  Keythe  in  Conzeik  v.  James  Gray  in 

Conzeik.     Cautioner  Gilbert  Dauidsone  in  Benwells. 

6.  Wm.  Straquhan  of  Glenkinclie  v.  Thomas  Kennedy  in  Auchnagait.      Cautioner 
George  Gordoun  of  Uilspro. 

The  Laird  of  Frendraucht  v.  James  and  John  Murray  in  Craynelocht  of  Fren- 
draucht.  Cautioner  George  Cruikschank  of  Tullymorgan. 

John  Gordoun  of  Sawok  v.  Alexr.  Meldrum  in  Medabel  and  Arthur  Meldrum  his 
son.  ' '  Biginges  doris  windowis  cupills  panes  ruiffis  and  uthers  belanging  thairto  and 
standing  "  upon  Medabel.  Cautioner  George  Meldrum  in  Polquhyt. 

7.  Wm.  Gordoun  of  Abirgeldie  v.  Alexr.  Burnet  of  Leyes.     Peats  &c.  cast  upon  the 
Hill  of  Fair  and  specially  on  the  west  part  thereof.     Cautioner  George  Gordoun  in 
Inwerrie. 

Mr.  John  Leslie,  Minister  at  the  Kirk  of  Glenmuik  v.  James  Gordoun  in  Keand- 
toris.  The  half  vicarage  of  the  Parish  of  Tullich  belonging  to  Gordoun.  Cautioner 
Archibald  Scheves,  burgess  of  Abd. 

James  Gardyne  of  Blakfuird  v.  John  Smyth  in  Badaquhais.  Cautioner  John 
Gordoun  of  Tillichowdie.  John  Smyth,  elder,  in  Littelfolle,  father  of  the  defender, 
joined  in  the  obligation  of  relief. 

Wm.  Forbes  of  Petsligo  v.  Alexr.  Clark  in  Nather  Bunlay.  Cautioner  Alexr. 
Gordoun  in  Carnemurrey. 

Wm.  Forbes  of  Corsinday  v.  Alexr.  Mylne  in  Kintocher.  Cautioner  John  Gordoun 
of  Bracka. 

Wm.  Forbes  of  Corsinday  v.  Wm.  Merser  in  Kintocher.  Cautioner  John  Gordoun 
of  Bracka. 

Judicial  Ratification.  Elspet  Meingzeis,  wife  of  James  Brabner,  burgess  of 
Abd.  James  Brabner  was  holder  of  a  wadset  over  the  shadow  half  of  Balhagartie 
extending  to  12  oxengait,  in  security  of  2250  merks,  which  John  Erskine,  fiar  of  the 
lands,  was  now  repaying.  Brabner's  wife  by  this  act  ratified  the  redemption  of  the 
land,  discharged  her  right  of  conjunct  fee  and  all  other  rights  she  had,  and  renounced, 
as  was  usual,  "all  exceptiouns  of  the  law  quhairbe  scho  may  cum  in  the  contrair 
speciallie  Senatus  Consulti  Velleani  and  all  uthers  introducit  in  favours  of  women." 

Loosings  of  Arrestments.  Johne  Keithe  in  Auchtilair  v.  Wm.  Faywie  in 
Auchtilair.  Cautioner  Alexr.  Fraser  of  Kindrocht. 

9.  George  Craufurd  of  Anachie  v.  Wm.  Mar  in  Anachie.     Cautioner  Alexr.  Cheyne 

in  Cauldwallis. 

Wm.  Keithe  of  Pettindrum  and  Barclay  his  mother  v.  James  Cruden  at 

the  New  Mylne  of  Felorthe.     Cautioner  Robert  Stewart  in  Invernorthe. 

Wm.  Huntar  at  the  Mylne  of  Ferriehill  v.  Andrew  Skeyne  in  Auchquhorrie. 
Huntar's  claim  was  for  abstracted  multures.  Cautioner  John  Forbes,  burgess  of  Abd. 

87 


Aberdeenshire  Sheriff  Court: 

1606. 

June  9.  Judicial  Ratification.  John  Forbes  of  New  and  Isobel  Burnet  his  wife  to  Wm. 
Irwing  of  Murthill.  Forbes  granted  the  receipt  of  ^1000  for  the  redemption  of  "  Wast 
toun  in  Cromar  lyand  within  the  parochin  of  Tarlen,"  and  his  wife  as  conjunct  fiar 
ratified  the  redemption.  The  Contract  of  Reversion,  Charter  and  Sasine  were  given  up. 

10.  Loosing  of  Arrestment.     John  Ewin,  elder  and  younger  in  Beildcrages  v.  Wm. 
Burnet  in  Banchorie.     Cautioner,  Alexr.  Burnat,  apparent  of  Cluny. 

Accounting-.  Isobell  Leisk,  widow  of  Wm.  Banerman  in  Nethir  Aslied  and 
Alexr.  Kennedy  her  husband  v.  Walter,  Patrick,  Elspet,  Marjorie  and  Agnes  Baner- 
man, children  of  the  said  Wm.  Banerman,  and  George  Banerman  of  Watertoun,  their 
tutor.  Cautioner  John  Gordoune,  son  of  John  Gordoune  of  Carnburrow. 

Submission  and  Decree  Arbitral.  John  Irving  of  Artamfart  and  John  Irving 
of  Haltoun,  his  father,  on  one  part,  and  Mr.  Alexr.  Irving,  Advocate  in  Aberdeen  for 
himself  and  Elizabeth  Irving,  his  lawful  daughter,  and  for  his  other  children  on  the 
other  part.  The  subject  in  dispute  was  the  Teind  Sheaves  of  Fitmurchie.  The  sub- 
mission was  signed  at  Aberdeen  and  Corsinday  5  April  1606,  and  the  Decree  Arbitral 
was  signed  by  Sir  Alexr.  Irving  of  Drum,  the  sole  Arbiter,  on  28  April  following. 

1 1 .  Loosings  of  Arrestments.     Gilbert  Baird  of  Auchmaiden  v.  Win.  Tailzeour  in 
Clintertie.     Cautioner  Duncan  Forbes  of  Bytht. 

Alexr.  Lasone  in  Creauche  v.  John  Clark  in  Torreis.  Cautioner  John  Leslie  in 
Carnnye. 

Mr.  Wm.  Reid,  burgess  of  Abd.  v.  John  Findlater  in  Tillimald  and  Andrew 
Findlater  in  Brachanes.  Mr.  Reid  (presumably  the  Advocate  of  that  name)  was  suing 
an  action  of  eviction  from  Brachanes.  Cautioner  John  Forbes  of  Tillichirie. 

Removing.  John  Leslie  of  Wardes  v.  William  Paull  in  Kirktoun  of  Dyce.  The 
tanant  appeared  and  consented  to  remove  from  his  holding. 

17.  Loosings  of  Arrestments.     John  Clark  in  Torreis  of  Touche  v.  Alexr.  Lasone 

in  Kreauche  of  Touche.     Cautioner  Thomas  Straquhan,  Flesher,  and  frieman  of  Abd. 

Robert  Innes  of  Elrik  v.  James  Arthe,  Cordiner  in  Annachie.  Cautioner  James 
Crawfurd  in  Kidhill. 

28.  Adam  Gordoun  in  Boighoill,  son  of  the  late  George  Gordoun  of  Saphak  v.  Jeane 

Gordoun,  widow  of  the  said  George  Gordoun.  "  The  haill  wictuall  perteining  to  Jeane 
Gordoun,  relict  of  umquhill  George  Gordoun  of  Saphak  presentlie  in  ane  kirnall  of 
Boigheids  and  uther  wictuall  perteining  to  the  said  Jeane."  Cautioner  John  Gordoun 
of  Ardlogy. 

July  3.  Alexr.  Coupland  of  Idoche,  Elspet  Efflek  his  mother,  John  Forbes  of  Bruxis,  Wm. 

Coupland,  Wm.  Gordoun  there,  tenants  of  the  Lands  of  Balchinnie  v.  Magnus  Mowat 
of  Bucholie  and  his  tenants  and  servants  of  the  Maynes  of  Bucholie,  Kearthin  and 
Yewbray.  "The  peitis  fewaill  fell  douat  and  cornis  sawin  and  cassin  be  the  said 
Magnus  and  his  saids  tenentis  upon  the  lands  callit  the  Glenhill."  Cautioner  James 
Mowat  in  Smydieseit. 

88 


Judicial  Enactments:  Vol.  L,  Contents 


1606. 

July  4.  Loosings  of  Arrestments.     Isobell  Chein,  mother  of  James  Kenedie  of  Carmuk 

and  wife  of  Magnus  Mo wat  v.  the  said  James  Kenedie.  "The  pettis  fewell  feill  and 
dowettis  cassin  be  the  said  James  and  his  servands  in  the  moss  of  Carmuk"  in  the 
parish  of  Ellon.  Cautioner  Baillie  William  Gray  of  Abd. 

Alexr.  Abill  in  Glasgo  and  David  Scot  in  the  Cottowne  of  Hall  of  Forrest  v.  Walter 
Chein,  brother  of  Mr.  Patrick  Chein  of  Ranestoun.  Walter  Chein's  corns  had  been 
arrested  at  the  instance  of  Abill  &  Scot  "  be  the  officiar  of  George,  Erll  Marschell  at 
the  command  of  his  LL.  [Lordship's]  Baillie  of  the  Baroneis  of  Kintore  Skein  and 
Kinellar  for  ane  alledgit  releiffe  of  ane  half  of  ane  seasing  ox  and  thrie  firlottis 
officiar  corne."  Cautioner  Mr.  Patrick  Cheine,  son  of  Mr.  Patrick  Chein  of  Ranestoun. 

5.  John  Gordoun  of  Tillielt  v.  John  Deuertie  at  Mylne  of  Pettie.     The  claim  was  for 

a  penalty  of  £<)  "for  nocht  heroching  of  certan  corbellis  in  dew  tyme."  Cautioner 
Andrew  Robertsone  in  Pettie. 

8.  Wm.  Setoun  of  Disblair  v.  Thomas  Baverlay  in  Logic.     Cautioner  William  Forbes 

of  Logiefintray. 

14.  Gordoun  of  Blalak  v.  John  Gordoun  of  Tillachoudie.     Peats  &c.  cast  in 

1606  by  Tillachoudie  and  his  tenants  in  the  moss  and  muir  of  Logic  and  Brume  hill. 
Cautioner  Mr.  John  Cheyne  of  Petfichie. 

17.  Alexr.  Gordoun  of  Sueillend  and  Litill  Gowill  v.  Wm.  Forbes  of  Logiefintray. 

Peats  &c.     Cautioner  Andrew  TIervie  of  Elrik. 

22.  Mr.  John  Cheyne  of  Petfichie  v.  Henry  Mowtray  in  Pervinnes,  John  Gordoun  of 

Crabistoun  and  James  Andersone  in  Chappiltoun  of  Steaniewoid.  Cautioner  Robert 
Stewart,  burgess  of  Abd. 

25.  John  Forbes  of  Camfell  v.  John  Irving  of  Haltoun.     Peats  &c.  within  the  Pcirk- 

hill  and  Peirk  lands  of  Haltoun  and  Craigtoun  of  Lumphannand.  Cautioner  Peter 
Irving  in  Cairinbadie. 

28.  John  Leith  of  Harthill  v.  John  Leslie  of  Petcapill.     Peats  &c.  within  the  Moss  of 

Rothemeas.     Cautioner  Thomas  Murray,  burgess  of  Abd. 

Wm.  Leisk  of  that  Ilk  v.  Andrew  Ross  in  Fechill.  Peats  &c.  in  Moss  of  Fechill. 
Cautioner  James  Forbes  of  Lethintie. 

30.  James  Findlay  in  Angustoune,  Annabell  Troup,  James  Chessar  and  Helen  Troup 

v.  John  Cuschnie  in  Murthill.     Cautioner  Robert  Burnet  in  Robertstone. 

John  Gordoun  of  Tilliquhodie  v.  John  Gordoun  of  Blelok.  Peats  &c.  in  the  Moss 
of  Brumhill  and  in  the  Moss  at  the  back  of  Tornamuide.  Cautioner  Patrick  Gordoun 
of  Hallheid. 

Mr.  Thomas  Nicolsone,  Commissary  of  Abd.  v.  John  Leyth  of  Edingcrrak  and 
Adam  Gordoun  of  Boigholl.  Peats  &c.  cast  by  Leyth  and  Gordoun  and  the  tenants  of 
Boigholl.  Cautioner  Alexander  Cruikschank,  younger,  burgess  of  Abd. 

M  89 


Aberdeenshire  Sheriff  Court: 

1606. 

July  31.  Loosings   of  Arrestments.      John  Gordoun  of   Blelok  v.   Mr.  James  Leisk, 

Minister  at  Colstane.  Peats  &c.  in  the  Moss  of  Brumhill.  Cautioner  Mr.  Robert  Paip, 
Advocate  in  Abd. 

Augt.  9.          James  Ogiluie  of  Birnes  v.  Alexr.  Walker  at  the  Mill  of  Birnes.     Cautioner  Alexr. 
Hay  of  Brunthill. 

Lawborrows.  Wm.  Forbes  of  Logiefintray  and  Thomas,  Andrew  and  John 
Bauerleyis,  William  Thomsoun  and  Marjory  Clark,  his  tenants  v.  Mr.  Wm.  Neilsoune, 
Minister  of  Fintray.  The  Minister  had  been  charged  by  letters  from  the  Court  of 
Session  not  to  molest  these  people  in  their  persons  or  possessions  ;  but  it  was  arranged 
that  the  caution  should  be  taken  in  the  Sheriff  Court,  and  Alexander  Tilliedaff  of 
Auchedlie  was  cautioner  under  penalty  of  200  merks. 

Ratification  Taken  Under  a  Commission  (out  of  date).  Isobell  Cheyne, 
wife  of  Magnus  Mowat  of  Buchollie.  On  16  May  commission  was  granted  by  the 
Sheriff  depute  and  Sheriff  Clerk  to  John  Forbes  of  Gask  and  Wm.  Ogstoun,  Notary,  as 
Sheriff  depute  and  Sheriff  Clerk  depute  respectively,  to  take  the  lady's  Ratification  of  a 
wadset  right  granted  by  her  husband  over  the  Mill  of  Colp  for  3000  merks  in  favor  of 
James  Raittie,  elder,  in  Minamie.  The  commission  was  executed  at  Buchollie  on  31 
May,  but  there  is  no  evidence  to  show  on  what  date  it  was  reported.  The  Sheriff 
depute  ordered  the  report  to  be  registered  in  the  books  of  Court,  which  was  done  at 
this  place. 

12.  Loosings  of  Arrestments.     John  Irving  of  Petmurkie  v.  John  Farquharsone  in 

Clouack.  Peats  &c.  on  the  west  side  of  the  Burn  of  Clouack.  Cautioner  Patrick  Ross, 
younger  of  Auchlossin. 

15.  John  Irving  of  Petmurchie  v.  John  Mortimer  of  Cragiuar.     Peats  &c.  cast  by  the 

laird  of  Cragiuar  or  his  tenants  of  Knokandache  or  Baddindein.  Cautioner  Mr.  John 
Lumisden  of  Cuschnie. 

Wm.  .Stewart  in  Knowsteanis  v.  Thomas  Johnestoune,  elder,  burgess  of  Abd.  The 
comes  sown  by  Johnestoune  or  his  tenants  of  Toux  upon  the  "eist  syid  of  the  Reid 
burne."  Cautioner  James  Fyane,  burgess  of  Abd. 

20.  Adam  Gordoun,  portioner  of  Boghoill  and  John  Leyth  of  Edingareaucht  v.  George, 

James  and  Alexander  Cragheid  in  Kynmondie,  James  and  Wm.  Wischart  there, 
George  Forbes,  James  Hervie  and  George  Tendell  in  Drumnagar.  Whole  corn  sown 
and  peats,  &c.  cast  "  upone  the  alledgit  lands  of  Boghoill  speciallie  upone  the  Middle- 
hill  of  the  same  lyand  on  the  estsyde  of  the  saids  lands  besyde  the  Urlaburne  and 
within  the  moss  alledgit  to  be  the  Moss  of  Boghoill  upone  the  northesyue  thairof. " 
Cautioner  James  Menzeis,  burgess  of  Abd. ,  whom  Paull  Menzeis  of  Kynmondie  bound 
himself  to  relieve. 

26.  Gilbert  Menzeis  v.  Thomas  Kellie,  burgess  of  Abd.      Cautioner  John  Tullidaf, 

burgess  of  Abd. 

90 


Judicial  Enactments:  Vol.  L,  Contents 

1606. 

Augt.  29.  Loosings  of  Arrestments.     James  Gordone,  apparent  of  Lesmoir,  Alexr.  Rireis 

in  Strathtodla,  James  Robertsone  in  Esseis,  Alexr.  Hay  of  Damheid,  Andrew  Robert- 
sone  in  Esseis,  Wm.  Davidsone  there,  Thomas  Hay  and  Andrew  Smyth  v.  Wm. 
Watsone  of  Haddoch  and  Andrew  Watsone,  his  brother.  "The  haill  cornis  sawin  be 
thame"  [in  1606]  "upone  ony  pairt  of  the  commounty  of  Rattrey  speciallie  upone  the 
southe  pairt  of  the  said  commounty  lyand  upone  the  northe  syde  of  the  said  toun  and 
lands  of  Haddoch  and  west  syde  of  ane  seat  callit  the  Knapperhillok  and  upone  the 
commoun  Lone  of  the  said  burghe  quhilk  passis  southwest  fra  the  said  burghe  to 
North  Esseis  and  Crufhill."  The  cautioner  was  Thomas  Mylne,  Wricht,  burgess  of 
Abd. 

30.  Wm.  Lorimer,  burgess  of  Abd.  v.  Thomas  Fiddes  in  Litill  Arthath.     Cautioner 

John  Wilguss  in  Litill  Arthath. 

James  Ogiluie  of  Blarak  as  proprietor  of  Auchleuchries  v.  Margaret  Craigheid  and 
the  other  tenants  of  Didweik.  "The  duffetis  "  [divots]  "cassin  by  the  arrestees." 
Cautioner  James  Ogiluie  of  Birness. 

Septr.   I.  Mr.  John  Mortimer  and  Elspet  Divie  his  wife  v.  Gilbert  Gray  of  Schives  and  his 

tenants  of  Cultis.  "The  faill  cassin  besyd  the  myre  land  syd  allegit  part  and  pertinent 
of  the  lands  of  Feillitsyde,"  which  lands  were  said  to  belong  to  the  female  arrester  in 
conjunct  fee.  Cautioner  Thomas  Meingzes  of  Cultis. 

2.  Robert  Roch  in  Bandein  and  Duncan  Forbes  in  Kirktoun  v.  Wm.  Maneacht  in 
Tilleoch.     Cautioner  John  Forbes  of  Wester  Echt. 

Wm.  Forbes  of  Logic  Fintray  v.  Thomas  Johnstoun  of  Middil  Disblair,  burgess 
of  Abd.  "The  cornis  sawin  be  him"  [Johnstoun]  "upone  the  South  syd  of  the  Reid 
burne  and  [?]  Isshohillis."  Cautioner  Alexr.  Litster,  burgess  of  Abd. 

3.  Nicoll  Ross  of  Auchlossin  v.   Alexr.    Duncane  in  Ester  Tolmadis.       Cautioner 
Arthur,  Lord  Forbes. 

Gilbert  Mengzeis  of  Petfoddells  v.  Gabriel  Stalker,  Mailman,  burgess  of  Abd. 
Cautioner  Andrew  Rait,  burgess  of  Abd. 

Patrick  Maitland  at  Bartholl  Chappill  v.  Patrick  Maitland  in  Knockleyth. 
Cautioner  Malcolme  Strathe  in  Knokleyth. 

5.  Gilbert  Mengzeis  of  Petfoddells  v.  Thomas  Fraser  in  Cultis.    Cautioner  James  Gray, 
apparent  of  Schewes. 

6.  Wm.    Watsone   of  Haddoch  v.   James   Gordoun,    apparent   of  Lesmoir,    Alexr. 
Rires  in  Strathtodlie,  James  Robertsone  in  Middilessie,  James  Smithe  in  Bilbo  and 
Wm.  Smithe  there.     Crop  and  peats  sown  and  cast  "upoun  ony  pairt  of  the  lands  of 
Haddoch  propertie  or  commountie  thairof  speciallie  upone  that  allegit  pairts  thairof 
callit  the    Strathburne  Brughfeidill  moss  Greinnesk  and  Dybill  bray  lyand  upone  the 
southe   south-wast  and  wast   pairtis   of  the   saids  lands  of  Haddoch  and  upone  the 
northe   pairt   of  the   said  towne  at  that  pairt  thairof  callit  the  Heuche  and  Brekla- 
moss."    Cautioner  Adam  Gordoune  in  Bogholl.     ( Vide  Supra  29  August. ) 

91 


Aberdeenshire  Sheriff  Court: 

1606. 

Septr.  6.  Loosings  of  Arrestments.     Patrick  Cruikschank  in  Erlisseat  v.  Wm.  Adam- 

sone,   sometime   in   Auchlethin,   then    in   Craigheid   of    Percok.       Cautioner   George 
Adamson  in  Maynis  of  Sleanis. 

James  Forbes  of  Fechill  v.  Henry  Annand  of  Orchartoun.  Crop  stocking,  &c. 
which  sometime  belonged  to  the  late  Robert  Wode  in  Auchindarge  and  which  he  had 
conveyed  to  the  arrestee  before  his  death.  Cautioner  John  Wode  at  the  Mill  of  Fintray. 

Gilbert  Mengzeis  of  Petfoddells  v.  Andrew  Kyng,  Advocate,  burgess  of  Abd. 
Cautioner  John  Kyng,  burgess  of  Abd. 

9.  Wm.  Forbes  of  Monymusk  v.  Arthur,  Lord  Forbes  and  his  tenants  of  Cowllie. 

"  Cornis  sawin  be  the  saids  tenentis  at  the  eist  syid  of  the  Moss  of  Dillabe  callit  the 
Quhyt  Hillokis."     Cautioner  John  Craigheid  in  Fiddesbeige. 

10.  Marjorie  Steuart,  daughter  of  the  late  Robert  Steuart  in  Ronallache,  and  John  and 
Alexr.  Collisone,  burgesses  of  Abd.,  her  Curators  v.  John  Findlatour,  sometime  in  Ard- 
fork,  then  in  Cragie.     Cautioner  Mr.  James  Forbes  of  Woodland. 

11.  Gilbert  Chalmer  of  Counleswallis  v.  James  Strachin  in  Cultis.     Cautioner  Richard 
Irving,  burgess  of  Abd. 

12.  Wm.  Stewart  in  Cowstanes  and  Margaret  Gardyne,  his  wife  v.  Henry  Smart  in 
Cowstanes  and  Wm.  Materis,  Wm.  Woid  and  Isobell  Malice  there.      The  corn  crop 
sown  by  the  arresters  within  the  wood  of  Garvak.     Cautioner  Patrick  Still  in  Haltoune 
of  Fintray. 

George  Leslie  of  Crichie  and  Gilbert  Hendrie,  burgess  of  Abd.  v.  James  Thomsone. 
Cautioner  Archibald  Beanes,  burgess  of  Abd. 

Andrew  Reid  of  Collestoun  v.  Alexr.  Lorimer  in  Knappisleisk.  Cautioner  John 
Hay,  burgess  of  Abd. 

13.  Wm.   Leisk  of  that  Ilk  v.  Alexander  Thomsone  in  Tartie.      Cautioner  Patrick 
Cruikschank  in  Erillseatt. 

Wm.  Leisk  of  that  Ilk  v.  Patrick  Cruikschank  in  Erillseit.  Cautioner  Alexr. 
Cruikschank,  brother-in-law  to  Alexr.  Cruikschank,  elder,  burgess  of  Abd. 

Wm.  Stewart  of  Cowsteanis  v.  Wm.  Forbes  of  Logiefintray  and  his  tenants. 
"  Cornis  sawin  be  thame  upone  the  wast  syid  of  the  Reid  burne."  Cautioner  James 
Hervie  of  Elrik. 

Andrew  Reid  of  Collestoun  v.  Alexr.  Wilguis  in  Forvie.  Corn  crop  arrested  for 
the  rent  of  the  arrestee's  occupation  of  Dubmyres.  Cautioner  Gilbert  Wilguis,  Baxter, 
burgess  of  Abd. 

John  Gordoun  of  Craibistowne  v.  Henry  Forbes  of  Newhillis  and  John  Robertsone, 
his  tenant  in  Newhillis,  alias  Capilhill.  "The  cornis  sawin  upone  the  east  syid  of  the 
hill  of  Bromoun."  Cautioner  John  Forbes,  Litster,  burgess  of  Abd. 

92 


Judicial  Enactments:  Vol.  L,  Contents 

1606. 

Septr.  13.  Loosings   of  Arrestments.      Magnus   Mowat  of  Buchollie  ».  Alexr.  Copland 

of  Idoche  and  Elspet  Efflek,  his  mother.  "  Cornis  fewaill  fell  and  douattis  sawin 
schorn  castin  and  win  be  thame  respective  upone  ony  pairt  of  the  Maynis  of 
Buchollie  the  Ubray  and  Keirthen."  Cautioner  Wm.  Udnie  of  that  Ilk. 

16.  George  Merchand  in  Pennieburne  v.  Wm.  Kars  in  Crichie.     This  arreslment  was 
in  security  of  an  alleged  debt  of  200  merks.     Cautioner  David  Porteous  in  Frendrauche. 

Arthur,  Lord  Forbes  and  his  tenants  of  Cowllie  v.  Wm.  Forbes  of  Monymusk  and 
his  tenants  of  Dillab.  The  corn  sown  by  the  arrestees  upon  the  South-West  part  of 
the  lands  of  Cowllie  "at  that  pairt  callit  the  Blakhillok,"  and  alleged  to  belong  to  the 
tenants  of  Cowllie.  Cautioner  Thomas  Douglas,  burgess  of  Abd. 

Elspet  Effleck,  Lady  of  Idoche  as  conjunct  fiar  of  Idoche  and  Greiness  v.  Magnus 
Mowat  of  Buchollie.  Corns  sown  and  "fewaill,  faill  and  douatts  cassin"  by  the 
arrestee  upon  the  lands  of  Kearthin  and  Yewbray.  Cautioner  James  Mowat  of 
Smiddiseat. 

17.  Wm.  Stewart  in  Cowstanis  z>.   Henry  Smart  in  Cowstanis,  Win.  Materis,  Wm. 
Woid  and  Isobell  Mallace  there.     Corns  sown  within  the  wood  of  Garvak.     Cautioner 
George  Keith,  Sadler  in  Abd. 

1 8.  Assault — Blood-drawing.     The  Procurator  Fiscal  and  Thomas  Robertsone  and 
Alexr.  Lorymer  v.  Andrew  Reid  of  Collistoun,  Gilbert  Reid  his  son  and  apparent  heir, 
James  Reid  in  Dubmyir,  Patrick  Snaill,  Andrew  Snaill  his  son,  Gilbert  Ranie,  Patrick 
Barcar  and  John  Pyat.     Mr.  Patrick  Cheyne,  burgess  of  Abd.  was  cautioner  for  the 
accuseds'  appearance  before  the  Sheriff  on  24  September  to  answer  to  the  charge  of 
"hurting  wounding  and  blude  drawing  dinging  and  striking  "  Robertsone  and  Lorymer, 
and  also  for  loosing  arrestment  of  goods  and  gear  of  the  whole  accused. 

19.  Loosings  of  Arrestments.     Wm.  Stewart  in  Cowstanis  and  Margaret  Gairdyne, 
his  wife  v.  Alexr.  Sommer  and  Thomas  Bauerlay  in  Lairshill.      Corns  sown  upon  "  the 
Southe  syid  of  the  Reidburne "  claimed  by  Stewart  and  his  wife.     Cautioner  Charles 
Robertsone,  burgess  of  Abd. 

20.  Patrick  Leslie  of  Kincragie,  George  Leslie,  fiar  thereof,  Isobell  Leslie  and  Wm. 
Guthrie,    portioners    thereof   v.    John    Forbes    of    Tillekirie,    George  Symsone  and 
Elspet  Ydill  there.      Corn  sown  by  the  arrestees  upon  the  "  Cornefauld  and  Ouisettis 
of  Tilliekirie,"  alleged  to  be  part  and  pertinent  of  Kincragie.      Cautioner  James  Forbes 
of  Tillefour. 

Assault— Blood-drawing.  Janet  Robertsone  in  Pettemuk  v.  Andrew  Craigheid 
in  Tillemaid.  "Bloid  drawing  &  dinging."  Accused  to  appear  on  2  November. 
Cautioner  Wm.  Lyell  in  Waterishmure. 

23.  Loosing  of  Arrestment.     Alexr.  Keith  of  Carnculter  v.  James  Clark  in  Ilousa- 

hillis.     Cautioner  Andrew  Clark,  burgess  of  Abd. 

93 


Aberdeenshire  Sheriff  Court: 

1606. 

Septr.  25.  Acknowledgment  of  Intimation  of  Trust.      William  Forbes  of  Tulquhone  in 

favor  of  Mr.  Walter  Donaldsone,  son  and  heir  of  Alexr.  Donaldsone,  burgess  of  Abd. 
Consent  by  Tolquhone  to  the  registration  of  an  acknowledgment  by  him  that  Alexr. 
Burnet  elder,  burgess  of  Abd.,  to  whom  he  had  granted  a  Bond  for  2000  merks,  had 
intimated  that  the  Bond  really  belonged  to  Mr.  Walter  Donaldsone. 

Octr.    2.  Loosings  of  Arrestments.     John  Leslie  of  BaSquhane  and  Robert  and  Thomas 

Smith,  his  tenants  in  Blairdaff  v.  Henry,  Walter  and  Wm.  Farquhar  and  James 
Mestowne  in  Auchorsk.  Corn  crop  on  "ane  peace  of  land  callit  the  Gair  Boig," 
alleged  to  be  a  pertinent  of  Blairdaff.  Cautioner  Thomas  Murray,  burgess  of  Abd. 

4.  John  Salbe  in  Gardyn  v.   Walter  Troupe  in  Arnieboig.      Cautioner  Alexander 

Troupe  in  Murthill. 

7.  John  Forbes  of  Petsligo  v.  James  Clark  iu  Houssahill.      Cautioner  Sir  Alexr. 
P'raser  of  Philorth. 

8.  Robert  Burnet,  burgess  of  Abd.  v.  Andrew  Stewin  and  Wm.  Beanis,  burgesses  in 
Abd.      The  arrestees  were  said  to  have  corn  in  their  possession  belonging  to  one 
Andrew  Browne  in  Abd.     Cautioner  Wm.  Seignziour,  burgess  of  Abd. 

9.  Lawrence  Cheyne  v.  John  Gordoun  of  Tillielt.     Corn  sown  by  the  arrestee  upon 
the  "north  wast  syd  off  Braklay  Tarves  betuixt  the  myll  lands  and  the  [?]  Auld  burne  of 
the    New  Mylne  of  Tillielt  and  upone  the  north  syd  of  the  Moss  of  Braklay "  &c. 
Cautioner  James  Gordoun,  younger  of  Tillielt. 

17.  Alexr.  Ross,  burgess  of  Abd.  v.  John  Mikell  in  Kincardyne.     The  claim  for  which 

the  arrestment  had  been  used  is  stated  thus  :  "  for  the  allegit  cutting  and  away  taking 
of  the  said  Alexr.  Ross  his  playding  delyuerit  be  him  to  the  said  John  Mikell  and  lane 
away  as  said  is  throw  the  said  John  his^sleuth."  Cautioner  Alexr.  Joffray,  Baillie 
and  burgess  of  Abd. 

25.  Renunciation  and  Discharge.      Katherine  Gordone,   widow  of  Wm.   Setoun, 

portioner  of  Sklaittie,  and  wife  of  Patrick  Gardyne  in  Banquhorie  in  favor  of  (i)  John 
Gordoun  of  Crabistoune  ;  (2)  Mr.  George  Setoun,  Chancellor  of  Abd.,  and  Mr.  Wm. 
Setoun,  his  nephew;  (3)  Alexr.,  Earl  of  Dunfermling,  Lord  Fyvie  and  great  Chancellor 
of  Scotland.  Mrs.  G.irdyne  discharged  (First)  All  her  rights  in  the  Shadow  half  of 
Sklaittie,  Mill  of  Sklaittie,  Wagleye  Croft,  Millhill  Croft  and  fishings,  &c.,  in  favour  of 
Gordoun  of  Crabistoune  (Second)  Her  rights  in  the  lands  of  Bathelnie,  Auld  Mill  of 
Bathelnie  in  favor  of  Mr.  George  Setoun  and  Mr.  Wm.  Setoun;  and  (Third)  Her  rights 
to  the  third  part  of  Rothybirsben  in  favor  of  the  Earl  of  Dunfermling.  Her  husband 
consented. 

Obligation  for  Annuity.  Mr.  Wm.  Setoun,  son  of  the  late  Wm.  Setoun  of 
Sklaittie,  as  principal,  and  Berald  or  Barrell  Innes,  Citiner  in  Auld  Abd.,  as  cautioner, 
in  favor  of  Katherine  Gordone  or  Setoun  or  Gardyne  designed  in  previous  entry.  As  a 
consideration  for  the  foregoing  Renunciation  and  Discharge  Wm.  Setoun  bound  himself 
to  pay  to  Mrs.  Gardyne  £100  Scots  per  annum  for  her  life,  and  her  husband  consented 
that,  as  regarded  the  payment  of  it,  his  wife  was  to  be  held  as  preposita  negotiis  and 
her  receipts  as  binding  as  if  granted  by  him. 

94 


Judicial  Enactments:  Vol.  L,  Contents 

1606. 

Octr.  28.  Loosings  of  Arrestments.     John  Wardes  v.  Robert  Merser  in  Auld  Abd.  and 

Agnes  Hervie  his  wife.      Cautioner  Andrew  Hervie  of  Elrik, 

John  Bruce  in  Essilmont  v.  Alexr.  Walker  in  Bischop-Birneis  and  Agnes  Craigheid 
in  Dudweik.  Cautioner  Alexander  Hay  of  Brunthill. 

29.  Wm.  Davie  in  Drumrossie  v.  John  Andersone  in  Chrystis  Kirk.     Cautioner  George 
Leang,  burgess  of  Abd. 

30.  Renunciation.      Nicolas  Kinnaird,  wife  of  John  Gordoun  of  Petlurge,  with  her 
husband's  consent,  renounced  in  favor  of  Alexr.  Gordoun  of  Cluny,  son  of  the  late  Sir 
Thomas  Gordoun  of  Cluny,  Knight,  her  liferent  right  or  any  other  right  she  might  have 
in  and  to  the  Maynes  of  Newtoun  of  Gerry  and  others  in  the  parish  of  Drumblait. 

Novr.   I.  Renunciation.     Dame  Helinor  Bruce,  Ladye  Essilmonthe,  renounced  in  favor  of 

Sir  Walter  Ogilwie  of  Findlater,  Knt.,  her  rights  to  "  the  salmond  fischingis  of  the  Ithan 
betuixt  Macher  fuird  or  Macher  Lyne  on  the  said  waiter  and  the  Soge  fuird  of  Fyvie  " 
with  the  nets,  cobles,  &c.  The  lady  was  to  receive  as  a  consideration  a  sum  of  200 
merks  per  annum  for  life,  for  payment  of  which  John  Forbes  of  Petsligo,  Mr.  Alexr. 
Cullan  late  Baillie,  and  Alexr.  Jaffray  then  Baillie  of  Abd.  were  to  be  obligants. 

Bond  of  Relief.  John  Forbes  of  Petsligo  in  favor  of  Alexr.  Cullen  late  Baillie, 
and  Alexr.  Jaffray,  Baillie  of  Abd.  The  obligation  of  which  Cullen  and  Jaffray  were 
to  be  relieved  was  the  one  for  200  merks  per  annum  to  Lady  Elinor  Bruce  referred  to 
in  the  Renunciation  by  her  summarized  in  the  preceding  entry. 

3.  Reset  and  Maintenance  of  a  Person  Accused  of  Manslaughter.  The 
Crown  v.  Thomas  Elmslie  in  Newbredy,  Wm.  Mackrobie  and  Patrick  Sandesone. 
The  accused  were  charged  with  the  alleged  "reset  and  mantanence  of  George  Mack- 
robie committer  of  the  slaughter  of  umquhill  George  Duncansone."  Cautioner  Robert 
Manro,  burgess  of  Abd. 

5.  Loosings  of  Arrestments.      Wm.   Kyng  in  Drumbrek  v.   George  Annand  in 

Orchartoun.     The  crop  and  effects  of  the  late  Robert  Wode  sometime  in  , 

in  the  hands  of  Henry  Annand  of  Orchartoun.  Cautioner  David  Kempt,  Baxter, 
burgess  of  Abd. 

7.  John    Sollan,   servant   to   Nicoll   Ross,    Cordoner  in   Abd.    v.   George   Prenshe, 
Cordoner  there.     Cautioner  Andrew  Hendersone,  elder,  Wobster  in  Abd. 

8.  The  Sheriff  &  John  Leith  of  Edingerauch  v.  James  Wishart  in  Kinmondy.     The 
arrestment  had  been  used  in  order  to  secure  satisfaction  for  the  alleged  "  bloid  drawing 
of  David  Glaster,  servitor  "  to  John  Leith.     Cautioner  Thomas  Bavirlay  in  Logyfintray. 

10.          John  Leslie  of  Petcapill  v.  Wm.  Cow.     Cautioner  James  Gordoun  of  Brakay. 

95 


Aberdeenshire  Sheriff  Court: 

1606. 

Novr.  10.  Loosings    of    Arrestments.      John  Leith,   son   of  the  late  Patrick   Leith   of 

Bregtoun  v.  John  Leith,  portioner  of  Premnay.     Cautioner,  Mr.  John  Lumisden  at  the 
Brig  of  Done. 

Edward,  Lord  Bruce  of  Kinloss  v.  Wm.  King  in  Drumbrek.  The  claim  was  for 
the  alleged  spoliation  by  King  of  the  teind  sheaves  of  his  occupation  in  Drumbrek. 
Cautioner  George  Elphinstoun,  Sadler  in  Abd. 

Paull  Meingzeis  of  Kynmondy  v.  Alexr.  Craigheid  in  Kynmondy.  The  arrestee 
was  said  to  have  been  "melling  and  intrometting  with  the  teynd  sheawes"  of  his 
occupation.  Cautioner  Andrew  Craigheid  in  Kynmondy. 

Henry  Mow  tray  in  Perwinnes  v.  James  Andersone  alias  Walker  in  Steaniewoid. 
Mowtray  claimed  to  be  donator  to  the  escheat  of  the  arrestee.  Cautioner  Mr.  Duncan 
Forbes  in  the  Lettir  of  Skein. 

12.  Renunciation  and  Discharge.     Janet  Gordone,  only  lawful  daughter  and  child 
of  the  late  Thomas  Gordone,  sometime  apparent  of  Kennertie  and  Katherine  Gordone, 
his  wife,  now  wife  of  Arthur  Forbes  in  Engzean.     In  consideration  of  1200  merks  paid 
as  dot  and  tocher  to  her  husband  with.her  by  William  Gordone  of  Kennertie,  her  uncle, 
Janet  Gordone  renounced  all  rights  to  Kennertie  and  fishings,  &c.  in  Peterculter.     Also 
to    Braichlay,    Balnacragis  and    Braeroddakis  in    Glenmuick.       Also    to    the    whole 
moveable  estate  of  her  father,  mother,  or  John  Gordone  of  Kennertie,  her  grandfather. 
Arthur  Forbes  consented. 

Assythment.  William  and  David  Umphray,  children  of  the  late  Patrick  Umphray 
in  Baikiehill  and  Helen  Differie  his  widow,  in  favor  of  Thomas  Meldrum  in  the  Milne 
of  Darley.  The  children  with  consent  of  Peter,  Bishop  of  Abd.,  Mr.  James  Ross, 
Minister  there,  and  Alexr.  Chalmer,  Messenger  there,  acting  as  their  Curators  for  this 
purpose,  and  the  widow,  in  consideration  of  ^40  Scots  and  a  boll  and  a  half  of  meal 
yearly  for  four  years  discharged  and  forgave  Meldrum.  This  act  of  Court  was  to  be  as 
effectual  to  Meldrum  as  a  "  Letter  of  Slains." 

Discharge  of  a  Wadset.  George  Leslie  of  Crichie  in  favor  of  George  Leslie  of 
Auld  Craig.  George  Leslie  of  Crichie,  as  heir  of  conquest  to  Mr.  Wm.  Leslie  of 
Warthill,  his  brother  german,  was  in  right  of  the  Multures  of  Auld  Craig,  which  had 
been  disponed  by  Crichie  to  Warthill  under  reversion  of  500  merks.  In  consideration 
of  300  merks  now  paid  in  complete  payment  of  the  500,  Leslie  of  Crichie  declared  the 
subjects  to  be  redeemed  and  renounced  all  right  to  them. 

13.  Discharge,  Renunciation  and   Ratification.      George  Gawyn  at  the  Mill  of 
Allathein  and  Isobell  Setoun,  his  wife,  in  favor  of  Wm.  Setoun  of  Eister  Disblair.     In 
consideration  of  800  merks,  being  the  amount  of  a  wadset  right  constituted  on  1 1  Febry. 
J599>  Gawyn  declared  to  be  redeemed  from  him  and  his  wife  by  Setoun  "  All  and  Haill 
the  half  of  the  sone  half  lands  of  Logyruiff  with  the   pertinentis  sumtyme 
occupeit  by  umquhill  Johne  Hendersone  lyand  within  the  parochines  of  Logybuchane 
Udnie  and  Foverane."     The  act  was  ratified  on  oath  in  the  usual  way  by  Gawyn's  wife. 

96 


Judicial  Enactments:  Vol.  L,  Contents 


1606. 

Novr.  14.  Judicial  Obligation.     Henry  Mutray  in  Pervinnes  as  principal,  John  Leang  and 

as  cautioners  in  favor  of  Alexr.  Crafurd  of  Rethin.  The  granters  bound 
themselves  conjunctly  and  severally  to  pay  100  marks  to  Crafurd  two  days  before 
Martinmas  1607,  under  the  penalty  mentioned  in  the  entry. 

17.  Loosings  of  Arrestments.     John  Drum  of  Rubislaw  v.  Sarah  Keyth,  mother  of 

George  Leslie  of  that  Ilk.     Cautioner  George  Leslie  of  that  Ilk. 

20.  Alexr.  Cowpland  of  Idoche  v.  Wm.  Cowpland  at  the  Myll  of  Idoche.     Cautioner 

Magnus  Mowat  of  Buchollie.  The  allegation  was  that  the  arrcstee  had  intromitted 
with  "certane  cornis"  belonging  to  the  arrester. 

28.  John  Grey  at  the  Myll  of  Leisk  v.  Thomas  Duff  in  Abd.     Duff  was  said  to  have 
abstracted  the  mill  multures  applicable  to  his  occupation  of  Belskanfie.      Cautioner 
Gilbert  Hendrie,  burgess  of  Abd. 

29.  Assault — Blood-drawing.     John  Falconer,  servitor  to  the  Laird  of  Petodrie  v. 
John  Mackisoun,  Notary  Public,  son  of  Alexr.   Mackiesoun  of  Inverurie.     Cautioner 
George  Leslie  of  Crichie. 

Deer.   i.  Loosings  of  Arrestments.     James  Findlaw,  Wm.  Mathiesone  and  George  Harie 

in  Lessindrum  z>.  George  Gormak  in  Lessindrum.  The  arrestee  was  said  to  have  been 
"  mailing  and  intromelting  with  the  guids  and  geir  perteining  to  umquhill  Agnes 
Eissat  sumtyme  in  Lessindrum  mother  to  the  said  George  left  to  be  equalie  distrabuttit 
amongis  his  bairnis."  Cautioner  Wm.  Marshell  in  Garrae. 

6.  George  Kar  of  Benvellis  v.  Gilbert  Hendersone  in  Brunbrey.     Hendersone  was 

said  to  have  been  wrongously  intromitting  with  goods  and  gear  belonging  to  Kar. 
Cautioner  George  Keith  of  Clakreauche. 

16.  The  Executors  of  Margaret  Gordoun,  Lady  of  Banadallache  v .  Elspet  Gordoun, 

widow  of  Martin  Clerk  in  Auld  Abd.     Cautioner  Alexr.  Gordoun,  burgess  of  Abd. 

19.  Renunciation  and  Declaration  of  Ownership.  Wm.  Skeyne,  burgess  of  Abd. 
in  favor  of  Mr.  Richard  Irving,  also  burgess  there.  Skeyne  declared  that  the  Sow  croft 
and  one  half  of  the  Bread  croft  lying  in  the  east  Territories  of  Abd.  had  for  divers  years 
belonged  to  Irving,  having  been  disponed  to  him  by  Skeyne  and  Janet  Donaldsone  his 
wife. 

22.  Loosings  of  Arrestments.      John   Anderson,   yor.    in   Chrystis   Kirk   z1.  John 
Andersone  there.     The  arrestment  was  laid  on  in  consequence  of  the  alleged  spuilzie 
by  the  elder  man  of  "  certane  clathis  and  aboilziementis. "     Cautioner  George  Lcang, 
burgess  of  Abd. 

23.  John  Smith  in  Pettindrum  z>.  Walter  Greig  there.     To  secure  eleven  years'  duty  of 
the  Myll  croft  of  Pettindrum.     Cautioner  James  Greig  in  Pettindrum. 

27.  David  Murdo  in  Seytoun  v.  John  Reid,  Skinner  in  Auld  Abd.     To  secure  payment 

of  the  price  of  a  horse  belonging  to  Murdo,  which  died  while  in  Reid's  possession. 
Cautioner  Alexr.  Lome,  burgess  of  Abd. 

N  97 


Aberdeenshire  Sheriff  Court: 

1606. 

Deer.  27.  Renunciation  and  Ratification  taken  on  Commission.  Elspet  Mowat,  wife 
of  George  Crawfurd  of  Annachie,  with  consent  of  her  husband,  in  favor  of  Magnus 
Mowat  of  Bolquhollie.  Elspet  Mowat,  as  the  daughter  of  Patrick  Mowat  of 
Bolquhollie,  had  an  infeftment  over  the  Lands  of  Jakistoune  and  Yewbrae,  in  security 
of  3000  merks  (presumably  her  portion).  Her  renunciation  was  taken  at  Turriff  on 
commission  by  Mr.  George  Hay,  Parson  of  Turriff,  and  William  Ogistowne,  Notary 
there,  as  Sheriff  depute  and  Sheriff  Clerk  depute,  specially  appointed  by  the  principal 
Sheriff  depute  and  Sheriff  Clerk.  The  commission  is  recorded  immediately  before  the 
report. 

1607. 

Jany.  3.  Obligation  of  Relief  and  Disposition  of  Movables  in  Security.  John 
Browne  in  Garthie  in  Fintray  in  favor  of  Thomas  Bauerly  in  Larishill.  This  most 
interesting  entry  may  be  summarised  under  six  heads  : — (i)  Browne's  acknowledgment 
that  Bauerly  had  become  surety  for  repayment  to  Charles  Robertsone,  burgess  of  Abd. , 
on  Martinmas  Eve  1607,  of  100  merks,  or  failing  payment  then  for  payment  on 
Martinmas  day  of  40  bolls  of  "Chereitit  meill"  at  .£5  per  boll.  (2)  Browne's  Obli- 
gation to  relieve  Bauerly.  (3)  For  securing  this  obligation  of  relief,  and  in  consideration 
of  sums  of  money  said  to  have  been  formerly  received  by  him  from  Bauerly,  Browne 
stated  "that  he  hes  sauld  and  disponit  and  be  the  tennour  heirof  ....  titulo 
oneroso  sellis  and  disponis  to  "  Bauerly  "  the  number  of  Ten  Nolt  young  and  auld  "  at 
present  in  his  possession  on  Garthie  "viz  sax  blak  oxin  hornit  ane  blak  gairit" 
[streaked]  "  kow  hornit  ane  uther  blak  hornit  kow  and  tua  blak  hornit  steiris.  (4)  This 
was  followed  by  a  statement  that  delivery  had  been  made  in  presence  of  witnesses  upon 
the  ground  of  Browne's  farm,  notwithstanding  of  which  and  upon  the  narrative  that 
Bauerly  had  "  nocht  corne  nor  stray  for  sustentatioun  of  the  said  guids  this  winter 
seasone  "  it  was  agreed  (5)  that  they  should  be  "fed  and  interteined"  upon  Browne's 
own  place,  but  without  prejudice  to  Bauerly's  right  to  "  mell  and  intromet"  with  them 
at  pleasure.  Finally  (6)  it  was  declared  that,  when  the  cautionary  obligation  took  end, 
whether  by  payment  to  the  creditor  or  to  the  cautioner,  Browne  was  "to  be  frie  of  the 
haill  contentis  of  this  present  Act"  &c.  The  entry  closes  with  an  admonition  by  the 
Sheriff  to  both  parties  to  fulfil  their  bargain  under  pain  of  poinding  and  horning  on  six 
days'  charge. 

Loosings  of  Arrestments.  Wm.  Maxwell  in  Auld  Abd.  v.  Andrew  Jojfray 
in  Littill  Meldrum.  For  the  alleged  "melling  with  certane  butter"  in  the  house  of 
James  Findlaw.  Cautioner  John  Middiltoun,  Baxter  in  Abd. 

7.  Agnes  Davidsone,  lawful  daughter  of  the  late  John  Davidsone  in  Waster  Fintray 
v.  Robert  Chalmer  there.     For  the  alleged  non-payment  to  Agnes  of  her  share  of  her 
father's  estate.     Cautioner  Charles  Chalmer  in  Waster  Fintray. 

8.  Thomas  Meldrum,  burgess  of  Banff  -v.  Wm.  Abirnethie  and  James  Crukschank  in 
Knokleyth.     In  security  of  such  sums  of  money  as  might  be  found  due  in  actions  to  be 
raised  against  the  arrestees.     Cautioner  Alexr.  Crukschank,  younger,  burgess  of  Abd. 

98 


Judicial  Enactments:  Vol.  L,  Contents 

1607. 

Jany.  8.  Commission  by  principal  Sheriff  depute  and  Sheriff  Clerk.  John  Forbes  of 
Gask  or  Patrick  Con  of  Auchrye,  as  Sheriff  depute  and  Wm.  Ogistowne  in  Turriff  or 
Thomas  Bruce,  both  Notaries,  as  Sheriffs  Clerk  depute,  were  appointed  by  this  Com- 
mission, which  was  dated  in  Novr.  1606  (i)  to  take  the  renunciation  of  Wm.  Gordoun 
in  Lestcragie  and  Janet  Con,  his  wife,  of  the  lands  of  Lestcragie,  Breidgrenis  and 
Breidfurd  in  favor  of  Magnus  Mowat  of  Buquhollie  and  Isobel  Cheyne  his  wife.  (2)  To 
receive  the  consent  of  the  said  Isobel  Cheyne  to  the  alienation  by  her  husband,  with 
consent  of  Walter  Innes  and  Janet  Gordoun,  his  wife,  of  the  above  lands  of  Lestcragie, 
&c.,  and  (3)  to  take  the  renunciation  of  Jeane  Mowat,  Lady  of  Asloun  of  the  lands  of 
Woidendis  or  of  any  part  of  the  lands  of  Buquhollie  or  of  lands  in  Caithness,  to  which 
she  had  got  right  or  title  from  the  late  Patrick  Mowat  of  Buquhollie,  in  favor  of  the  said 
Magnus  Mowat. 

Report  of  Commission.  Patrick  Con  of  Auchrye  as  Sheriff  depute  and  Wm. 
Ogistowne  as  Sheriff  Clerk  depute,  icported  the  Renunciation  and  Ratification  by  Wm. 
Gordoun  of  Lestcragie  and  Janet  Con,  his  wife,  which  was  executed  at  Balquhollie  on 
Deer.  4  1606. 

10.  Removing.      Henry  Matthewsone   in  Waltoune  and  John  Youngsone  there  in 

favor  of  Mr.  Duncan  Forbes  of  Balnagask.  Each  of  the  granters  occupied  8  oxengait 
of  the  lands  of  Waltoune  belonging  to  Mr.  Forbes,  from  which  they  consented  to 
remove  at  Whitsunday  next  following. 

21.  Loosings  of  Arrestments.     Thomas  Spens  in  Boigforthe  v.  Abraham  Milne  in 

Peiries  Milne.  The  arrestment  was  in  security  of  the  violent  profits  of  2  oxengait  of 
Peiries  Milne  callit  Incstomack.  Cautioner  Andrew  Thomsone  in  Peiries  milne. 

30.  Mr.  James  Keyth  v.  James  Smyth,  Servitor  to  the  Earl  Merschell.     Corn  and 

other  grain  was  arrested  for  the  Abstracted  Multures  of  Mylne  of  Gavell.  Cautioner 
Wm.  Jak,  Sadler  in  Abd. 

Feby.   2.  Outlawry — Sheriff's  Claim.     John  Gordoun  in  Parkend,  Officer  to  the  Marquis 

of  Huntly  v.  John  Banerman,  sometime  in  Auchmull.  The  arrestee  is  here  stated  to 
have  been  decernit  fugitive  "fra  the  lawis  for  airt  and  pairt  of  the  thifteous  steiling  fra 
George  Gordoun  of  Coclarachie  of  ane  ox  and  certan  ky  for  the  quhilk  Androw 
Moresone  pikeman  at  the  Mylne  of  [?]Daucht  was  execute."  The  subjects  arrested  were 
said  to  extend  to  4  drawing  oxen  "  thairof  ane  kow  "  12  bolls  oats  in  the  yard  and  barne 
and  "  tua  kistis."  Peter  Barnet  in  Auchmull  was  cautioner,  and  bound  himself  to 
make  these  subjects  forthcoming  to  Lord  Huntly,  into  whose  hands,  as  Sheriff,  they 
had  fallen  in  consequence  of  Banerman's  outlawry. 

10.  Loosing  of  Arrestment.     John  Dicky  in  Deir  v.  Patrick  Turing  in  Deir.     The 

arrestment  was  in  security  of  200  merks  of  alleged  indebtedness.  Cautioner  John 
Andersone  in  Denis. 

u.  Manslaughter.     The  Crown  v.  Alexander  Wilsone,  Chirurgeon  in  Abd.      The 

surgeon  was  said  to  have  caused  the  death  of  Alexr.  Reid,  son  of  Mr.  William  Reid, 
Advocate  in  Aberdeen,  "throche  the  miscuir  of  the  said  Alexr."  Thomas  Gordoun  of 
Grandoun  was  cautioner  that  Wilsone  should  take  his  trial  on  24  Febry.,  and  that  his 
goods  should  be  forthcoming  to  the  Sheriff  for  behoof  of  the  Crown. 

99 


Aberdeenshire  Sheriff  Court: 

1607. 

Feby.  14.  Loosings  of  Arrestments.     Wm.  Chalmer,  son  of  Charles  Chalmer  in  Clunie  v. 

the  said  Charles  Chalmer.  Arrestment  used  to  secure  "the  said  William  of  his  barnis 
pairt  of  geir"  which  was  said  to  be  due  to  him  by  his  father.  Cautioner  Wm.  Dune, 
burgess  of  Abd. 

Alexr.  Fraser  of  Kindrocht  v.  Alexr.  Myll  in  Auchrynie.  Fraser's  claim  against 
Alexr.  Myll  was  based  upon  the  latter  having  been  surety  to  the  former  for  the  faithful 
service  of  his  brother,  Andrew  Myll.  Cautioner  John  Myll,  Cowper  in  Abd. 

25.  Isobell  Forbes,  Lady  Balbeignot  v.  John  Spreull  in  Wastburne.      The  arrestment 

was  to  secure  the  "fermes"  of  Waslburne.  Cautioner  John  Kinnear,  "Chalmerlane  to 
my  Lord  Glames." 

March  4.  Alexr.  Leslie  of  Monele  v.  Alexr.  Chalmer  in  Rothmorak.     Whole  goods  and  gear 

and  specially  15  bolls  of  "meill  &  beir"  in  the  hands  of  George  Crichtone  of  Bailzes- 
toane.  Cautioner  Robert  Innes  of  Elrik. 

7-  Alexr.  Cruden  in  Kinglasser  v.  Thomas  Birnye  in  Kinglasser.      It  was  alleged  that 

the  arrestee  had  been  in  violent  occupation  of  a  house  in  Kinglasser  since  Whitsunday 
1606.  Cautioner  James  Birnye,  "  Wobster  frieman  "  of  Abd. 

12.  Wm.  Johnstoun  in  Ewerurie  v.  George  Smyth  in  Goginglas.      Wrongous  intro- 

mission with  eight  oxen  and  two  bolls  oats  belonging  to  Johnstoun.  Cautioner  John 
Erskein  of  Balhaggartie. 

14.  Wm.   Richie  in  Edinbanchory  v.  John  Couttis  in  Kincraigy.     Mr.  Arthur  Watt, 

Advocate  in  Abd.  was  cautioner.  As  he  was  a  Sheriff  depute  at  the  time  the  entry  runs 
"  Comperit  Mr.  Arthur  Watt  Aduocal  in  Abd.  renounceand  his  awin  jurisdictioun  in  this 
caice." 

Arthur,  Lord  P'orbes  v.  Henry  Annand  of  Orcheartoune.  Cautioner  David  Kempt, 
Baxter,  burgess  of  Abd. 

Patrick  Fyuie,  alias  Wobster  in  Bethleme  v.  John  Chessour  in  Artamfurd.  Alleged 
spoilation  of  certain  goods  gear  and  silver.  Cautioner  Ronald  Chessour,  burgess  of  Abd. 

18.  Janet  Gall,  daughter  of  the  late  Andrew  Gall,  burgess  of  Abd.  v.  James  Betoune 

in  Wodheid.     A  money  claim.     Cautioner  James  Gordoune  in  Carnore. 

April  10.  John  Leith,  apparent  of  Ilarthill  v .  Patrick  Leith  in  Auldrain.    The  claim  was  for 

"  certane  byerune  deweteis."      Cautioner  Mr.  John  Lumisden  at  the  Brig  of  Done. 

1 6.  Mr.  John  Cheyne  of  Petfichie  and  George  Setoune  of  Auchinhuiff,  as  curators  of 

Patrick  Cheyne  son  of  the  late  Robt.  Cheyne  at  Myll  of  Auchry  v.  Gawand  Urquhart 
at  Myll  of  Auchry.  The  claim  was  for  the  alleged  "  out  putting  of  the  said  Patrick  furth 
of  the  toune  and  lands  of  the  Mylltoune  of  Auchry."  Cautioner  Thomas  Myll,  burgess 
of  Abd. 

21.  John  Car  at  the  Myll  of  Cluny  v.  Wm.  Duncansone  in  Arsballache.    A  claim  of  400 

merks.     Cautioner  James  Rainy,  Tailzeour,  burgess  of  Abd. 

100 


Judicial  Enactments:  Vol.  L,  Contents 

1607. 

April  21.  Loosings   of  Arrestments.       Sir   Patrick  Barclay  of  Towie,   Knight  v.   David 

Andersone  in  Sigget.  "  Certane  byerune  deweteis."  Cautioner  John  Setoune  of 
Auchorthie. 

Mr.  Wm.  Neilsone,  Minister  at  Fintray  and  Agnes  Rait  his  mother  v.  Henry 
Annand  of  Orchertoune  and  John  Woid  at  the  Myll  of  Fintray.  Claim  for  "  certane 
sowmcs  of  money."  Cautioner  Wm.  Blakhall,  burgess  of  Abd. 

29.  Thomas  Fraser  of  Durs  [Durris]  v.   Wm.   Tail  at  the  Walkmyll  of  Dursbellie 

[Uurrisbeltie].     Cautioner  Nicoll  Ross,  Cordiner,  burgess  of  Abd. 

May  8.  Win.  Gordone  of  Sauchin  v.  Agnes  Chrystie,  wife  of  Win.   Scharp  in  Sauchin. 

Patrick  Scharp  the  son  of  Agnes  was  charged  with  the  "  bloid  drawing"  of  Robert 
Meldrum  in  Sauchin  and  apparently  the  laird  intervened  on  behalf  of  Meldrum. 
Cautioner  George  Gordone  "Stabiller"  in  Abd. 

Ji.  Arthur  Forbes  in  Enzeane  v.  David  Hay  in  Rowne  Lithnet.     Hay  was  said  to  have 

"resetted"  certain  goods  and  gear  belonging  to  Forbes.  Cautioner  Thomas  Hay  in 
Abd. 

12.  Assault  and  Mutilation.      The  Sheriff  v.  Alexr.  Duncane  in  Torfynis  and  John 

Lessell  in  Auchinsley.  Caution  for  the  accused's  appearance  on  May  26  for  the 
"hurting  wounding  and  mittellatioune"  of  John  Leslie  in  Kyntor.  Also  that  their 
effects  should  be  forthcoming  to  the  Sheriff.  Cautioner  Abraham  Forbes  of  Blakloune. 

14.  Discharge  of  Inhibition.     Gilbert  Scherar,  burgess  of  Abd.  in  favor  of  Matthew 
Youngsone,   burgess   of  Abd.       Scherar    consented   that   from    this   date   to   2    June 
Youngsone   might   deal  with  his  effects  as  freely  as  if  no  inhibition  had  been  used 
by  him. 

15.  Loosings   of  Arrestments.      Isobell  Gordoune,  lawful  daughter  of  John  Gor- 
doune  of  Newtoune  v.   James    Hervie   in   Monekebak,  Alexr.    Young  there,   James 
Donald,    elder,    there,  James  Donald,   yr.,   there,   Robert    Hervie   in   EIrik,    Alexr. 
Wentone  there,  and  Robert  Wischert  in  Monekebak.     The  whole  goods  and  gear  of 
all    the   arrestecs.         The   claim  was   for   "certane   byrune   deweteis,"  and   Andrew 
Ilervey  of  Ehik  was  cautioner.     (Vide  infra  21  May.) 

21.  George  Gormak  in  Lessindrum  v.  Wm.  Mathesone  in  Sliache.     The  claim  was  for 
wrongous    intromission   by    Mathesone    with   certain    goods   belonging    to    Gormak. 
Cautioner  George  Bisset,  burgess  of  Abd. 

Isobell  Gordoune,  wife  of  George  Gordoune,  apparent  of  Baldorny  v.  Robert 
Wischert  in  Monekebak.  In  this  case  Mr.  Wm.  Moir,  burgess  of  Abd.  was  cautioner 
and  Andrew  Ilervye  of  EIrik  joined  with  Wischert  in  the  obligation  to  relieve  him. 

22.  John    Michell   v.   Margaret  Riddell,  his  wife,  and  Matthew,  John   and   Thomas 
Michell,  her  children.     Cautioner  Alexr.  Mortymer,  burgess  of  Abd. 

Wm.  Stewart  v.  James  Robertsone  in  Makterry.  Cautioner  George  Meldrum  in 
New  Myll. 

IOI 


Aberdeenshire  Sheriff  Court: 

1607. 

May  23.  Loosing  of  Arrestment.      Alexr.   Meldrum  sometime  servitor  to  the  Laird  of 

Tipperty  v.  Thomas  Cowper  in  Tairty.     Cautioner  Thomas  Cowper,  burgess  of  Abd. 

25.  Renunciation  and  Discharge.      Elspet    Rolland    wife    of  John    Gordoune    in 

Ingzean,  with  his  consent,  in  favor  of  Abraham  Forbes  of  Blaktoune.  The  lands 
redeemed  were  the  sunny  half  lands  of  Wester  Fowlis  in  Lochell.  Apparently  Alexr. 
Gordoune  of  Beldorny  and  George  Gordoune,  Younger  of  Beldorny,  had  pledged  the 
lands  for  ^"1000,  receiving  a  letter  of  reversion  from  John  Gordoune  in  Ingzean  and  his 
wife.  To  the  wadset  by  the  Beldornys  John  Gordoune  of  Buckie  had  been  a  consenter. 
Forbes  of  Blaktoune  now  became  creditor  and  as  such  in  right  of  the  lands. 

Renunciation  and  Discharge.  John  Dilgardno  in  Aden  in  favor  of  Win. 
Robertsoune  in  Thundertoune.  This  discharge  was  granted  in  consideration  of  the 
payment  of  1000  merks  contained  in  a  Contract  of  Wadset,  over  the  lands  of  Ower 
Torterstoune  otherwise  called  Langhill  in  the  Barony  of  Torterstoune,  dated  1 6  January 
1604.  Robertsone's  wife,  Margaret  Bruce,  had  been  a  consenter  to  the  wadset. 

26.  Loosing  of  Arrestment.     Arthur  P'orbes,  Servitor  to  the  "Gudman  of  Towie"  v. 
George  Forbes,   Servitor  to   the  Laird  of  Invermarky.      Cautioner  John  Gordone  of 
Letterfure. 

Removing.  Wm.  Johnstoune  in  Corshill  in  favor  of  John  Johnestoune  of  Corshill. 
John  Johnestoune  was  principal  Tacksman  of  the  lands  of  Corshill,  situated  in  the 
Barony  of  Johnestoune  by  annexation. 

Loosings  of  Arrestments.  George  Ademsone  in  Slains  v.  John  Thomsone  in 
Newseitt.  Cautioner  Wm.  Morray  in  Edny. 

Gilbert  Meingzes  of  Petfoddells  v.  Alexr.  Irving  of  Collairlie,  Lawrence  Couttis 
there,  David  Meingzes  in  Ester  Tilbowries,  John  Myll,  Edward  Kay  and  John  Kay. 
Gilbert  Meingzes  of  Petfoddells,  grandfather  of  the  Gilbert  here  mentioned,  had  taken 
proceedings  against  the  late  John  Irving  of  Kincowsie  for  cutting  his  green  wood  and 
security  for  1000  merks  had  been  found.  500  merks  of  the  1000  now  belonging  to 
Alexr.  Irwing  of  Collairlie  and  the  other  defenders,  but  in  the  hands  of  Thomas  Forbes, 
burgess  of  Abd.,  was  now  arrested  for  an  alleged  contravention  of  the  old  law  surely. 
Cautioner  John  Irwing  now  of  Kincowsie. 

27.  Obligation  of  Warrandice.      Robert  Innes  of  Invermarky  in  favor  of  James 
Gordoune  of  Knokespak.     Knokespak  had  paid  1200  merks  for  the  redemption  of  the 
fourth  part  lands  of  Kirktoune  of  Clatt  to  Wm.  Leslie,  son  of  the  late  Mr.  Altxr. 
Leslie,  parson  of  Raithes  [?  Rothes],  who  was  a  pupil  or  minor,  receiving  a  discharge 
from  Jeane  Hervie,  his  mother,  and  James  Kynnard,  portioner  o.t  Myddiltoune,  her 
second    husband.        George   Gordoune   of  Terpersie   and    James    Innes    of    Drenny 
[?  Drainie]  had  bound  themselves  with  Kynnard,  to  warrant  the  discharge  and  redemp- 
tion and  to  obtain  young  Leslie's  ratification  on  his  coming  of  age.     By  this  Act  of 
Court,  which  is  signed  by  Knokespak,  Invermarky  and  Kynnard,  the  laird  of  Terpersie 
is  released,  his  place  being  taken  by  Invermarky. 

IO2 


Judicial  Enactments:  Vol.  L,  Contents 


1607. 

May  26.  Judicial  Ratification.     Isabel  Vode,  wife  of  George  Gordoun  of  Gicht  in  favor  of 

Mr.  Robert  Maitland  of  Auchincreiff.  Gordoun  and  his  wife  had  granted  a  Bond  to 
Mailland  for  500  merks.  As  long  as  the  money  was  unpaid  Maitland  was  to  "  bruik 
and  joiss  "  the  teind  sheaves  of  Auchincreiff  and  Skelmane  in  the  parish  of  Tarves. 

27.  Renunciation  and  Discharge.    Isobel  Gordoun,  "Ladie  Brughis,"  wife  of  John 

Forbes  of  Brux  in  favor  of  Patrick  Con  of  Auchry.  Husband  and  wife  had  entered  into 
a  Contract  of  Alienation  of  the  lands  aftennentioned,  in  favor  of  Con  on  4  May  last  by- 
past.  The  lady  in  implement  now  renounced  all  her  rights  to  the  "  Schaddow  halff 
landis  of  the  barronie  of  Idoch  callit  Idoche  of  Brughis,"  as  fully  described  in  the  entry. 

Loosings  of  Arrestments.  Alexr.  Leslie,  pupil,  and  Wm.,  Robert  and  Andrew 
Leslie,  his  Tutors  v.  Robert  Merser  in  Abd.  Cautioner  Walter  Dun  of  Ratie.  General 
arrestment  :  but  specially  1000  merks  in  the  hands  of  John  Leslie  of  Wardess. 

John  Andrew  in  Ilaltoune  of  Fintray  v.  Agnes  Davidsone  in  Disblair.  Cautioner 
Charles  Chalmer,  sometime  of  Tillekerie. 

James  Gordoune,  younger  of  Lesmoir  v.  James  Gordoune  in  Pronnie.  General 
arrestment ;  but  specially  sums  belonging  to  James  Gordone  in  the  hands  of  George 
Gordoune  of  Terpersie.  Cautioner  Wm.  Gordoune  in  Myddrumbulge. 

John  Irving  of  Kincowsie  v.  Gilbert  Meingzes  of  Petfoddells.  General  arrestment : 
but  specially  ^3000  in  the  hands  of  Robert  Gardyne  of  Waster  Tilbowreis.  Cautioner 
David  Meingzes  of  Ester  Tilbowreis. 

Alexr.  Paull,  Cordoner  v.  Alexr.  Cowe  in  Abd.  and  Isobel  Jak,  his  wife.  Cautioner 
George  Merser  in  Old  Abd.  The  claim  was  for  damages  for  non-entry  to  a  house 
belonging  to  the  female  arrestee. 

June  8.  James  Gariauche  of  Kilstair  v.  John  Forbes  in  Lyttill  Endovie.     Cautioner  Andrew 

Forbes,  burgess  of  Abd. 

15.  James  Crichtoune  in  Adamstone  v.  Katherine  Paxstone.     The  arrestee  had  been 

cautioner  to  the  arrester  for  one  Wm.  Dawie.     Cautioner  John  Paxstone  in  Knokleyth. 

17.  James  Crichtoune,  younger  of  Frendracht  and  James  Crichtoune,  his  son  v.  Thomas 
Fraser  in  Woidheid.     Cautioner  Alexander  Gordoune  of  Cormellie. 

18.  John  Ross  of  Auchlossin  and  Nicol  Ross,  fear  of  Auchlossin  v.  Patrick  Irving  in 
Carnbady.     Cautioner  Mr.  John  Strathauchine,  parson  of  Kyncardyne. 

20.  Wm.  Gordoune  of  Abirzeldy  v.  the  tenants  of  Madlar.      Peats  cast  by  arrestees 

upon  the  Hill  of  Fair.     Cautioner  Robert  Burnet  in  Robertstone. 

Removing.  Arthur  Udney  in  Auchlowne  in  favor  of  Wm.  Udney,  Liferenter,  of 
that  Ilk.  Shadow  half  town  and  lands  of  Auchlowne. 

26.  Loosing  of  Arrestment.      Jeane   Gordoune,   widow   of  George   Gordoune   ot 

Crechie  and  Patrick  Gordoune  of  Carneday,  her  husband  v.  James  Innes  in  Chappel- 
toune  of  Schiues.  A  claim  for  arrears  of  rent.  Cautioner  George  Cruikschank  in  the 
Mains  of  Auchterellone. 

103 


Aberdeenshire  Sheriff  Court: 

1607. 

July  I.  Loosings  of  Arrestments.      Robert,   Commendator  of  Monymusk  ?'.   Gilbert 

Browne  in  Camphell.     Cautioner  John  Forbes  of  Campbell.     Claim  for  arrears  of  rent. 

2.  The  Crown  v.  Mr.  John  Reid  in  Collestoun.     Wm.  Straquhyne  of  Tibbertie  was 

surety  for  Reid  that  he  should  appear  on  July  14  and  underly  the  law  for  the  charges 
contained  in  the  precept  on  which  he  had  been  summoned,  and  also  that  his  subjects 
arrested  should  be  forthcoming. 

Francis,  Earl  of  Erroll  i<.  \Vm.  Straquhyne  of  Tibbertie.  Cautioner  Andrew 
Straquhyne  of  Ardoch. 

4.  Arthur,  Lord  Forbes  v.  George  Gordoune  of  Coclarachy.     "  Peittis  cassin  be  him 

within  the  bounds  of  Towy."     Cautioner  James  Ogilvie  of  Blerak. 

14.  Robert  Innes  of  Elrik  v.  George  Kyd  in  Coinzeik.     Special  arrestment  of  7  bolls 

and  I  peck  of  meal  in  hands  of  Alexr.  Pettindreich  in  Mekill  Elrik.  Cautioner  Alexr. 
Mesone,  Servitor  to  the  Laird  Drum. 

6.  Witchcraft.     The  Crown  v.  Janet  Patersone,  wife  of  John  Telly  in  Kemnay. 

John  Walker  in  Kemnay  was  cautioner  that  Telly  should  enter  his  wife  on  July  1 6  to 
be  tried  for  "  the  allegit  witcheing  of  umquhill  John  Forbes  of  Lethinty  "  and  also  that 
the  goods  of  both  husband  and  wife  should  be  forthcoming. 

Caution  to  Appear.  John  Walker  in  Hiltoune  and  John  Touche,  burgess  of  Abd. 
v.  David  Creak  in  Burngrains.  Walker  and  Touche  claimed  a  horse  which  was  in 
Creak's  possession.  Andrew  Straquhyne  of  Ardoch  was  cautioner  for  Creak's 
appearance  in  Court  on  July  14,  then  and  there  to  produce  witnesses  to  prove  that  the 
horse  was  his  or  to  produce  the  person  who  warranted  the  animal  to  him. 

14.  Loosings  of  Arrestments.     Arthur,  Lord  Forbes  v.  Hew  Gordoune  in  Smithis- 

toune.     Peats  cast  in  the  Moss  of  Tailzeauch.     Cautioner  George  Chalmer  in  Noith. 

16.  George,  Earl  Mcrshell  ?'.  Elspet  Meirnis,  widow  of  George  Keyth  in  Kindrocht 
and  her  children.     Cautioner  Joseph  Keyth  in  Auchtielair.     Arrears  of  rent  claimed. 

Wm.  Forbes  of  Logy  and  Lucretia  Hervie,  his  wife  v.  Wm.  Bauerly  in  Boigholl. 
What  was  arrested  was  cloth  in  the  hands  of  Gawand  Gumming,  Wobster.  Cautioner 
Adam  Gordoune  in  [  ?  of  ]  Boigholl. 

17.  Wm.  Keyth  at  Myntlaw  ;:.  Thomas  Forbes  in  Auchtidonald.     "  Peittis  fewell  feals 
and  douat  cassin  and  houssis  and  yards  bigit  be  him  "  [Forbes]  "upone  the  loning  of 
Myntlaw."     Cautioner  John  Keyth  sometime  in  Auchlie,  then  in  Peterheid. 

John  Leslie  of  Petcapill  and  John  Lesly  at  Auld  Mill  of  Cremond  z>.  John  Ydill 
there.  Peats  &c.  within  the  bounds  of  Auld  Mill  of  Cremond.  Cautioner  Robert 
Johnestoune  of  Cremond. 

1 8.  Alexr.   Irving  of  Lenturk  v.  Patrick  Leslie  of  Kyncragy.     Peats  &c.  within  the 
bounds  of  Tillemair.     Cautioner  Gilbert  Leslie,  burgess  of  Abd. 

104 


Judicial  Enactments:  VoL  L,  Contents 


1607. 

July  25.  Loosings  of  Arrestments.    Marjorie  Stewart,  daughter  of  the  late  James  Stewart 

in  Ranalachie,  and  John  &  Walter  Collison,  burgess  of  Abd.  her  curators  v.  John 
Findlater,  sometime  in  Ardfork,  then  in  Cragy.  Mr.  Walter  Forbes  of  Auchmaledy 
was  cautioner,  and  undertook  to  relieve  his  brother  german,  Mr.  James  Forbes,  of  a 
similar  Act  of  Caution  formerly  undertaken  by  him. 

George  Gordoune  of  Coclarachy  v.  Tenants  of  Towie  of  Clatt  &c.  Peats  &c.  in 
the  Moss  of  Taillacht.  Cautioner  James  Forbes  of  Lethinty. 

28.  Conveyance  of  Furniture  in  Payment  of  Rent.  John  Leslie,  elder,  burgess  of 
Abd.  in  favor  of  John  Touche,  burgess  of  Abd.  On  the  narrative  that  he  was  due  ^40 
to  Touche  for  the  rent  of  a  tenement  of  foreland  on  the  west  side  of  the  Gallowgate, 
Leslie  sold  and  disponed  to  him  certain  of  the  plenishing  of  the  house,  from  which  he 
and  his  wife  were  to  remove  before  Martinmas,  delivering  up  the  keys  and  leaving  the 
furniture  sold  in  the  house. 

Loosings  of  Arrestments.  Alexr.  Leslie,  younger  of  Monely  v.  Alexr.  Chalmer 
of  Rothmorak.  Cautioner  Robert  Innes  of  Elrik. 

30.  Alexr.  Gordoun  of  Swailend  v.  Wm.  Thomsone  and  others,  indwellers  in  Logy- 

fintray.     Cautioner  Wm.  Forbes  of  Logic  fintray.     Peats  in  the  Moss  of  Beildie  Moss. 

Augt.  3.  George   Kar  of  Benvells  v.   Alexr.    Dauidsone  in  Perkhous.     Cautioner  Gilbert 

Dauidsone  in  Inverquhomrie.     Peats  in  the  Moss  of  Benvells. 

Thomas  Meingzes  of  Cultis  i1.  John  Wallace,  Alexr.  Smyth  and  James  Irving  in 
Peillitsyde.  Cautioner  Mr.  John  Mortimer,  burgess  of  Abd.  Peats  in  the  lands  of 
Cultis. 

5.  Elspet  Auchinlek,  liferentrix  of  Buchomiachy  v.    Magnus    Mowat   of  Bucholly. 

Cautioner  Thomas  Mowat  in  [?]  Okingell.      Peats  in  the  Hill  of  Buchomiachy. 

8.  Alexr.    Troupe   v.    Robert  Thomsone   at  the    Myll   of  Ord.       Cautioner   Alexr. 

Brabner  in  Abd.  "  The  cornis  and  lynt  sawin  be  him  "  [Thomsone]  upon  that  part  of 
Murthill  said  to  be  let  to  Alexr.  Galloway. 

10.  Mr.   Walter  Forbes  of  Auchrydie  i<.  James  Keith  of  Atherb.     Cautioner  Alexr. 

Keith  of  Auldtoun  of  Atherb.  Crop  and  peats  sown  and  cast  upon  the  town  and  lands 
of  Bethleame,  specially  in  the  part  called  Schandismoss. 

14.  Lawborrows.      Alexr.   Galloway,  elder  in  Murthill,  and   Thomas  and   Alexr. 
Galloway,  his  sons  v.  Robert  Thomsone  at  the  Mill  of  Ord  and  Robert  Thomsone,  his 
son.     Cautioner  Baillie  Alexander  Jaffray. 

15.  Loosings  of  Arrestments.      Adam  Gordoune,  son  of  James  Gordoune  of  Tille- 
angus  v.   Isobel  Reid,   widow  of  Wm.    Leith  in  Mylhill.     Cautioner  \Vm.  Mernis  in 
Foulslie.     Claim  for  Breach  of  Contract. 

Andrew  Home  v.  Robert  Irving  at  the  Brig  of  Done.  Cautioner  Alexr.  Brabner, 
burgess  of  Abd.  The  amount  of  the  alleged  debt  was  £8. 

0  ICK 


Aberdeenshire  Sheriff  Court: 

1607. 

Augt.  22.  Loosings  of  Arrestments.     George  Crafurd  of  Annachy  z>.  Christian  Pire,  widow 

of  Alexr.  Gordoune  in  Annachy,  and  her  children.     Cautioner  Wm.  Gordoune,  burgess 
of  Abd.     Claim  for  arrears  of  rent. 

25.  Thomas  Gordoune  at  the  Mill  of  Dess  v.   Alexr.  Duncan  in  Blelak  and  James 
Stevin  in  Uartill.     Cautioner  John  Gordoune  of  Quhyit  Stain.       Claim  for  intromission 
with  the  effects  of  Robert  Gray  in  Auchinhuiff. 

26.  Janet   Pettyndreich,   widow   of  Gilbert  Chalmer  of  Auchquhorthy,  and   George 
Chalmer,  her  son  v.  Alexr.  Chalmer  in  Freddyhill.     Cautioner  Robert  Keyth  of  Auld- 
maid.     Claim  for  wrongous  intromission. 

29.  James  Forbes  of  Lethinty  v.   Patrick  Annand   in   Fechill.       Cautioner   Andrew 

Williamsone,  Wobster,  burgess  of  Abd.     Peats  within  the  bounds  of  Fechill. 

Martin  Howiesone,  burgess  of  Abd.,  and  Margaret  Holland,  wife  of  James  Sctoun 
of  Petmedden,  and  her  husband  v.  Wm.  Irving  of  Murthill  and  Stephen  Blair,  his 
tenant  of  Bingzell.  Cautioner  James  Gihuiff  in  Aulclfauld  of  Murthill.  Crop  and  peats 
&c.  sown  and  cast  on  the  lands  of  Bingzell  :  but  which  were  claimed  as  belonging  to 
Glasterberrie. 

Lawborrows.  Robert  Thomsone  at  the  Mill  of  Ord  and  his  son  v.  Alexander 
Galloway,  elder,  in  Murthill  and  his  son.  Cautioner  Thomas  Myll,  burgess  of  Abd. 
(Vide  Supra  14  August.) 

Loosings  of  Arrestments.     Robert  Gray,  burgess  of  Abd.  v.  John  Walker  in 

Ruddrestoune.     Cautioner  Gilbert  Blak,  Couper  burgess  of  Abd.  A  barrel  of  fish  in 

Walker's  barn  said  to   belong  to   him  and   his  neighbours,  bnt  alleged  by  Gray  to 
belong  to  his  debtor  George  Moresone,  burgess  of  Abd. 

31.  Thomas  Kellie,  Baxter,  burgess  of  Abd.  v.  Gilbert  Wilguis,  Baxter,  burgess  of  Abd. 

Cautioner  Duncan  Galloway,  Baxter,  burgess  of  Abd. 

Septr.  I.  Alexr.  Dicky  in  Skelmure  and  Agnes  Gray,  his  wife  v.  George  Gray  in  Monlety. 

Cautioner  Mr.  Robert  Maitland  of  Monlety.     ^40  claimed. 

5.  Janet  Pettindreich  and  George  Chalmer,  her  son  v.  Andrew  Chalmer  in  Lytill 

Aucheoch.     Cautioner  James  Irving  of  Aucheoch. 

Wm.  Watsone  in  Dubfeord  v.  Thomas  Myll  in  Dubfeord.  Cautioner  Andrew 
Myll  in  Haltoun  of  Balheluy. 

II.  George,  Earl  Marshell  v.  Peter  Hay  in  Fechill.     Cautioner  Andrew  Hay  at  the 

Ower  Myll  of  Cruden.     Claim  for  Teind  Silver  and  Feuduties. 

Robert  Thomesone  at  the  Myll  of  Ord  v.  Alexr.  Galloway  in  Murthill.  Cautioner 
Thomas  Mylne,  burgess  of  Abd. 

Isobel  Chalmer,  widow  of  James  Ross  v.  Andrew  Paul!,  burgess  of  Abd.  Cautioner 
James  Rany,  Tailzeour  in  Abd.  Spoliation  of  a  plaid,  &c. 


Judicial  Enactments:  Vol.  L,  Contents 

1607. 

Septr.  11.  Loosings  of  Arrestments.      Robert,  Commendator  of  Monymusk  v.   Gilbert 

Browne  in  Campbell.     Cautioner  John  Forbes  of  Campbell. 

16.  Inhabitants  and  Citinars  of  Auld  Abd.  v.  Adam  Smithe  in  Calsie  Croft  of  Scottis- 

toun.  Cautioner  Mr.  Wm.  Moir,  burgess  of  Abd.  "  Faill  dowat  or  failzie  cassin  win 
or  to  be  wyn  be  him  this  instant  yeir  upone  the  bounds  of  the  saids  lands  of  ScottUtoun 
with  the  pertinents." 

Discharge  of  Decrees.  James  Forbes  of  Lethintie  in  favor  of  George  Banerman 
of  Wattertoun  as  Tutor  of  Edward  Bruce.  In  consideration  of  £,216  6s.  8d.  Forbes 
discharged  and  delivered  up  (i)  Decree  of  the  Sheriff  Court  dated  31  May  1606  for  the 
violent  profits  of  12  oxengait  of  the  Middillthird  lands  of  Fechill  and  horning  following 
thereon  dated  18  August  1607,  and  (2)  Decree  for  the  rents  of  these  lands  and  Proctors 
Croft  dated  July  and  horning  dated  18  August  1607. 

Bond  and  Discharge  thereof.  George  Banerman  of  Wattertoun  as  principal 
with  Mr.  Wm.  Reid  and  Wm.  Logye,  burgesses  of  Abd.,  as  cautioners  in  favour  of 
James  Forbes  of  Fechill.  The  sum  acknowledged  was  the  above  sum  of  ^216  6s.  8d., 
but  the  Bond  was  for  ^472,  providing  that  if  the  sum  first  named  was  paid  six  days 
before  Martinmas,  the  Band  would  be  discharged.  This  was  done,  and  the  Discharge 
is  written  and  signed  on  the  margin,  "J.  Forbes  of  Lethintie,"  and  witnessed  by 
"  Patrik  Forbes  fier  of  Lethintie." 

1 8.  Loosings  of  Arrestments.     John  Alshoner  in  Kynermeit  v.  John  Wat  in  Boigis. 

Cautioner  Alexr.  Urquhart  of  Caildwallis.  18  bolls  of  victual  was  claimed  from  Wat  for 
his  occupation  of  six  oxengait  of  Kynermeit. 

John  Forbes  of  Echt  v.  Alexr.  Straquhan  sometime  in  Drumbrek.  Cautioner 
Nicol  Irving  at  the  Woid  Myll  of  Drum. 

26.  John  Leyth  and  Adam  Gordon,  Portioners  of  Boighol  v.  James  llervie,  George 

Tendell  and  George  Forbes  in  Kynmondy.  Cautioner  James  Meingzes,  burgess  of 
Abd.  "  Cornis  sawin  be  thame  upone  the  Hill  of  Drumagar  and  Gurlamoss  pairt 
and  pertinent  of  Kynmondy." 

Patrick  Leslie,  burgess  of  Abd.  v.  Alexr.  Smyth,  burgess  of  Abd.  Cautioner 
Gilbert  Leslie,  burgess  of  Abd.  Claim  for  wrongous  intromission. 

James,  Earl  of  Morray  v.  Wm.  Forbes  of  Logy.  Cautioner  Gilbert  Johnstone  of 
Owertoune.  "The  cornis  beir  and  attis  sawin"  by  Forbes  on  the  part  of  Logy  called 
the  Reid  burne. 

29.  Gilbert    Meingzes    of    Petfoddells  v.    Thomas   Kelly,    Baxter,    burgess   of  Abd. 

Cautioner  Archibald  Watsone,  burgess  of  Abd.     Claim  for  rent. 

Octr.  I.  Patrick  [?]  Manwan  in  Coltstan  v.  Alexr.  Lyon.      Cautioner  Wm.  Straquhan  of 

Glciikyndy. 

107 


Aberdeenshire  Sheriff  Court: 

1607. 

Octr.    5.  Loosings  of  Arrestments.     Thomas  Dampster  of  Auchterless  v.  Wm.  Dampster 

in  Logyaltoune.    Cautioner  George  Dampster  of  Halsiewalls.    Claim  for  arrears  of  rent. 

6.  Wm.  Forbes  in  Auchorsk  v.  David  Anclersone  in  Tartowy.     Cautioner  Mr.  Gilbert 

Keyth  in  Auchorsk. 

16.  Revocation.    Agnes  Straichauchin,  widow  of  John  Gordone,  sometime  of  Bracka. 

On  the  statement  that  "for  fair  and  dredour  of  hir  lyve"  she  had  been  compelled  to 
part  with  provisions  made  for  her  by  the  advice  of  her  friends  before  her  marriage,  and 
in  particular  with  her  rights  as  conjunct  fiar  or  liferentrix  of  the  lands  of  Middiltoun  in 
the  Barony  of  Cnokinblewis  and  parish  of  "  Inrurie,"  s>he  revoked  all  consents  or  renun- 
ciations made  by  her  while  under  coverture. 

27.  Assault  —  Blood-drawing.       The   Crown   v.    Alexander   Lyoune  in   Hilbrey. 
Cautioner  John  Leslie  in  Auldmyll. 

28.  Caution  to  Appear.     The  Crown  v.  William  Duvidsone  in  Comoumnure.    Alcxr. 
Andersone  in  Bethleme  was  cautioner  that  the  accused  should  appear  on  Octr.  31  to 
answer  for  "  the  crymes  allegit  committed  be  him  ample  set  doune  in  the  sumoundis 
quhairwith  the  said  William  is  chargit." 

29.  Assault — Blood-drawing.     The  Crown  v.  Alexr.  Hall  in  Ardnedly.     Cautioner 
Wm.   Farquhar  in  Ranistane.     The  accused  was  charged  with  wounding  and  blood- 
drawing  of  Wm.  Merser  in  Wombillhillis. 

Assault— Blood-drawing.  The  Crown  v.  Wm.  Farquhar  in  Ranistane  and  Win. 
Relhy  in  Inver.  John  Merser,  Sadler,  burgess  of  Abd.,  and  Andrew  Henderson,  elder, 
burgess  of  Abd.,  were  respectively  cautioners.  Also  charged  with  a  similar  assault  on 
Wm.  Merser. 

Novr.  3.  Loosing  of  Arrestment.     John  Andersone  at  the  Myll  of  Inverlachy  v.  Arthur 

Robertsone  in  Cremondgorthe.      Cautioner  Andrew  Nesbit  at  the  Kirk  of  Crimond. 

9.  Reset  of  Theft.     The  Crown  v.  John  Straquhyne  in  Banishill  and  Thomas  his 

son.  Cautioner  John  Carny,  burgess  of  Abd.  The  charge  was  "for  the  allegit  resset 
of  certan  guids  &  geir  thifteouslie  stowin  and  for  infang  &  outfang  "  as  in  the  copy  sum- 
mons served  on  them. 

13.  Renunciation.     Marjorie  Gordon,  wife  of  Alexr.  Tullidaff,  sometime  of  Ranes- 
toune  but  then  in  Abd.,  with  consent  of  her  husband,  in  favor  of  George  Gordoun,  fiar 
of  Meithlik.       Her  conjunct  fee,  liferent  or  other  rights  to  "  Twa  pleuchis  of  the  toune 
and  lands  of  Archeidly,  mylle  of  Archeidlie      .       .     .      and  North  seit  of  the  same"  in 
the  parish  of  Methlik. 

14.  Loosings  of  Arrestments.     George  Dampster  of  Halsiewalls  v.  Robert  Schand 
in  Ardley.     Cautioner  John  Kynnier,  burgess  of  Abd. 

25.  Patrick  Mortymer  v.  James  Brabner  in  Muklesbrigis.     Cautioner  James  Mortymer, 

fear  of  Cragivar. 

108 


Judicial  Enactments:  Vol.  L,  Contents 

1607. 

Deer.  5.  Loosings  of  Arrestments.    John  Forbes  of  v.  Patrick  MacWill.    Cautioner 

James  Gordoun  of  Pranny. 

Margaret  Innes,  widow  of  John  Fraser  of  Creichie  and  James  Keyth,  her  husband, 
also  Richard  Robertsone  in  Creichie  v.  James  Ligertwode  there.  Cautioner  George 
Craufurde  of  Annoquhie.  The  first  named  Pursuers  claimed  "  byrune  dewateis,"  while 
Robertsone's  claim  was  for  the  alleged  "slauchter  of  ane  sow." 

9.  Assault  —Blood-drawing.     William  Lesly  in  Logidurnay  v.  Patrick  Hay  in  the 

Bush  Myll.     Cautioner  John  Erskein  of  Balhaggerty. 

31.  Loosing  of  Arrestment.      Andrew  Ilervie,  son  of  Andrew  Hervie  of  Elrik  v. 

David  Keliie,  father  of  Andrew  Kellie,  burgess  of  Abd.  Cautioner  Andrew  Kellie,  the 
son.  Claim  for  arrears  of  rent. 

1608. 

Jany.  9.  Witchcraft.     The  Crown  v.  Janet  Follay,  wife  of  Alexr.  Myll  at  the  Nether  Myll 

of  Kyntor  and  Janet  Salbe,  widow  of  John  Ross,  also  at  Nether  Myll.  Cautioner 
Alexr.  Hervie  in  Kyntor.  No  particulars  of  the  charges  are  given. 

12.  Loosings  of  Arrestments.     Alexr.  Hunter  in  Cragtoune  of  Kyncardyne  v.  John 
Hunter,  portioner  of  Tilhaky,  and  Robert  Downy  at  the  Myll  of  Midbelty.     Cautioner 
Mr.  Alexr.  Chalmer,  Notary  Public.     "  Ane  stack  of  aitlis  estimat  to  twanty  bolls." 

13.  Andrew  Smithe  in  Fynnersy  v.  Andrew  Marteyne  in  Echt.     Cautioner  David  Adie, 
burgess  of  Abd.     Money  claim. 

15.  Witchcraft.    The  Crown  v.  Margaret  Abill,  mother  of  William  Frost  in  Ilalforest. 

Cautioners  Alexander  Thomsone  in  Halforest  and  Frost,  the  son  of  the  accused. 

28.  Loosings   of   Arrestments.        John   Forbes  of  Petsligo    v.    William   Cuik  in 

Uriaell  and  Robert  Rob  in  Pethill.  Cautioner  Sir  Alexr.  Fraser  of  Fraserburgh, 
Knight.  "  The  cornis,  beir  and  aittis  presently  standand  in  the  corne  yard  of  William 
Cuik." 

Feby.  6.  John  Andersone  at  the  Myll  of  Inverallochy  v.  Magnus  Smith  in  Denend  of  Kin- 

drocht.     Cautioner  Alexr.  Fraser,  brother  german  to  Fraser  of  Tcchmurie. 

Jany.  26.  Manslaughter.      The  Crown  v.  Duncan  Elmslie  in  Rothhill.     Henry  Robertson, 

(Out  of    Cordoner  in  Abd.  was  cautioner  that  Elmslie  should  appear  on  Feby.  12  to  be  tried  for 
date.)     the  slaughter  of  John  Smart. 

9.  Loosing  of  Arrestment.      Thomas  Maitland  in  Monleyth  v.  John  Crychtoune  in 

Comistie.     Cautioner  Alexander  Fordyce. 

10.  Renunciation.     Isobel  Paip,  wife  of  George  Cruikshank  in  Maynis  of  Ochterellone 

in  favor  of  Henry  Annand  of  Orchartoun.  All  her  rights  to  the  fifth  part  of  the  lands 
of  Taartie,  in  the  Barony  of  Slains,  and  also  to  Mekill  Mill  of  Essilmount  in  the  Barony 
of  Essilmount. 

109 


Aberdeenshire  Sheriff  Court: 

1608. 

Feby.  n.  Loosing  of  Arrestment.     Wm.  Irving  of  Murthill  v.  William  Spark  in  Newtoun 

of  Murthill.      Cautioner  William  Gairdyne,  Skynner,  burgess  of  Abd.      Claim  for  rent. 

15.  Revocation  of  Deeds  Granted  in  Minority.      Alexander  Keyth,  apparent  of 
Pettindrum.     Besides  the  general  revocation  there  is  specially  mentioned  a  bond  for 
300  merks  of  dot  and  tocher,  promised  with  Girsall  Keyth,  his  sister,  to  George  Mowat, 
her  husband,  and  failing  him,  to  Andrew  Mowat,  his  father,  and  failing  him,  to  Magnus 
Mowat  of  Buquhollie.     From  the  general  revocation  is  excepted  a  lease  of  Hardie  Oyk- 
horne  in  Aberdour,  granted  to  Robert  Keyth,  his  uncle. 

20.  Loosings  of  Arrestments.      Lilias  Crafurd,  widow  of  Robert  Innes  of  Elrik  v. 

John  Innes  of  Elrik,  Alexr.  Pettindreich  in  Elrik  and  William  and  James  Pettindreich, 
his  sons.     Cautioner  John  Fergussone  in  Meikil  Elrik. 

James  Forbes  of  Lethintie  v.  the  representatives  of  the  late  Thomas  Smith  in 
Auchnacantye.  Cautioner  Andrew  Jaffray  in  Cultercullen.  The  claim  is  stated  to  be 
"for  the  allegit  nocht  delyuering  to  him  of  ane  heriall  [herezeld]." 

28.  Alexr.    Hunter  in  Cragtoune  v.   John  Oig  in  Waster  Kyncardyne.      Cautioner 

Robert  Carnegy  of  Kirktoune  of  Abyne.     The  claim  is  stated  as  "the  allegit  spoli- 
atioune  of  ane  wadder  and  twa  geiss." 

March  I.  Wm.  Maxwell  in  Auld  Abd.  v.  Gilbert  Dowie  in  Auld  Abd.       Cautioner  James 

Cuming,  citiner  in  Auld  Abd.     £,$  claimed. 

4.  Edward,    Lord   Bruce    v.    George   Gawane    and    Alexr.    Ogilbie    in   Allathene. 

Cautioner  David  Simson,  burgess  of  Abd.      The  claim  was  for  wrongous  intromission 
with  the  teind  sheaves  of  their  occupations  on  Allathene. 

II.  Robert,  Commendalor  of  Monymusk  v.  John  Mortymer  of  Cragiver.     Cautioner 

Patrick  Mortymer,  son  of  the  said  John  Mortymer.     The  claim  was  for  wrongous  intro- 
mission with  teind  sheaves  in  1605,  1606,  and  1607. 

Walter  Grant  of  Tillebo  v.  Robert  Dauidsone  in  Quhitrashis.  Cautioner  Alexr. 
Dauidsone,  servitor  to  the  Earl  of  Erroll.  The  claim  was  for  the  alleged  spoliation  of 
"certane  cornis." 

16.  Lawborrows.     Nicoll  Froster  v.  Thomas  Glenny  in  Banishill.    Cautioner  Gilbert 
Andersone,  burgess  of  Abd. 

17.  Removing.      Mr.  Alexr.  Youngsone,  parson  of  Durris,  in  favour  of  Mr.  Alexr. 
Irving,  Advocate  in  Abd.       Mr.  Youngsone  consented  to  remove  from  the  "  Waster 
pleuche  of  the  Kirktoun  of  Durris,"  but  reserving  his  possession  of  the  "gleib  and 
manss."    The  subjects  being  in  Kincardineshire,  Mr.  Youngsone  consented  to  the  juris- 
diction of  (he  Sheriff  of  Aberdeenshire. 

1 8.  Loosing  of  Arrestment.     James  Crichtone  of  Frendraucht  v.  Symone  Galloway 
in  Auchintinder.     Cautioner  George  Gordone  in  Polquhyt.     Claim  for  past  due  rent. 

no 


Judicial  Enactments :  Vol.  L,  Contents 


1608. 

March  26.  Loosing  of  Arrestment.     William  Blakhall,  Maltman  in  Abd.  v.  Gilbert  Smith 

in  Gregisardocht.  Cautioner  Andrew  Straquhan  of  Ardocht.  Claim  for  the  alleged 
spoliation  of  certain  "guids,  geir,  ky,  scheip,  cair,"  and  others. 

Mutilation.  John  Leslie,  elder,  burgess  of  Abd.  v.  David  Craig,  Tailzeour  in 
Abd.  Cautioner  Alexr.  Blair,  burgess  of  Abd.  Craig  was  charged  with  depriving 
Leslie  of  a  ringer. 

29.  Loosing   of  Arrestment.      Mr.  John  Leith,  Advocate  in  Abd.  and  Katherine 
Gardyn,  his  wife  v.   Margaret  Ronaldsone  in  Kynmondy.     Cautioner  Gilbert  Ronalcl- 
sone  in  Waster  Carney.     This  was  a  money  claim. 

30.  Assault — Blood-drawing-.       The  Crown  v.  John  Fowler  in  Owershell  [  ?  Ower 
Sheill].     Cautioner  William  Gordone,  Baxter,  burgess  of  Abd.       Fowler  was  charged 
with  the  "bloid  drawing"  of  Andrew  Johnstoune  in  Sheill. 

Apl.  7.  Loosing  of  Arrestment.      William  Blakhall,  Maltman  in  Abd.  v.  Duncan  Bane 

in  Myddill  Ardocht.  Cautioner  Andrew  Strachaichin  of  Ardocht.  The  claim  was  for 
spoliation  or  at  least  wrongous  intromission  by  Bane  with  certain  property  sometime 
belonging  to  John  Petre  "  alis  Capten  of  Cowly  "  and  then  to  Blakhall. 

9.  Wrongous  Intromission,  &c.     The  Crown  v.  John  Kilruiff  in  Carntradleane. 

Cautioner  Alexr.  Howet,  Wobster,  burgess  of  Abd.  Kilruiff  was  said  to  have  wrong- 
ously  intromitted  "with  tua  scheip  quhilk  was  takin  away  be  Robert  Moir  in  Kemney 
&  his  compleces  fra  James  Kilruiff  in  Tofthillis"  for  which  and  for  "  ony  crime  that  be 
leid  to  his  charge  thairanent"  he  was  to  appear  before  the  Sherriff. 

15.  Loosings  of  Arrestments.      Janet  Fynne,  wife  of  Win.  Fraser  in  Nather  Mure 

v.  Wm.  Fraser,  her  husband.  Cautioner  James  Torrie  occupier  of  eight  oxengait  of 
Denheid  of  Kneawin.  The  arrestment  here  was  of  Fraser's  "haill  guids  geir  hydis 
saltis  ky  and  utheris  guids  &  geir  "  and  was  said  to  have  been  used  "  for  the  allegit  way- 
putting  and  leawing  the  said  Janet,  beir  woman  &  intending  to  pas  furth  of  the  cuntray." 

21.  James  Crichtone  of  Frendracht  and  James  Crichtone,  younger  v.  Thomas  Fraser  in 
Wodheid.     Cautioner  Alexr.  Gordone  of  Cormellit.      The  claim  is  thus  stated  : — "the 
allegit  lattin  be  the  said  Thomas  of  his  occupatione  of  ane  pairt  of  the  Mains  of 
Frendracht  ly  west." 

25.  James   Keyth  and   Margaret  Innes,   "  gudwyff  of  Crechy "  v.  Andrew  Fettes  in 

Meikil  Crechy.     Cautioner  George  Keyth  of  Clackreauch.     Claim  for  past  due  rent. 

22.  John  Erskene  of  Bagerty  and  Win.  Andersone  in  Conglass  v.  Alexr.  Stewart  in 
(Out  of      Bahaggerty.       Cautioner  George   Lewingstone  of  Cauldhame.      Claim  for  abstracted 

date).       multures  from  Mill  of  Enramsay. 

27.  Removing.     James  Forbes  in  Sonhonny  in  favour  of  Wm.  Woid,  Fear  of  Colpney. 

The  lands  from  which  Forbes  agreed  to  remove  are  described  as  "  the  sone  thrie  pairt 
lands  of  Mekill  Fynerseis,"  in  the  parish  of  Echt. 

Ill 


Aberdeenshire  Sheriff  Court : 

1608. 

April  30.  Obligation  for   Rent  and   Removing.      Ronald  Cheyne  in   Peddersmyll  and 

George  Cheyne  in  Hiltone  of  Auchterellone,  his  son,  in  favor  of  John  Chalmer  of 
Balbithane  for  himself  and  for  behoof  of  Wm.  Chalmer,  his  nephew.  The  subjects 
occupied  by  the  Cheynes,  and  from  which  they  consented  to  remove  fourteen  days  after 
Whitsunday,  were  the  third  part  of  the  shadow  half  of  Wester  Disblair  in  the  parish  of 
Fintray.  One  of  the  obligations  was  that  the  tenants  should  carry  the  victual  from  the 
new  place  of  Balbithan  to  the  ports  of  Aberdeen  or  Newburgh  at  their  own  expense, 
and  the  prices  at  which  the  victual,  linen,  wedders,  capons  &c.  were  to  be  converted 
into  money  are  given. 

May  4.  Loosings  of  Arrestments.     Henry  Smart  in  Kowstanis  v.  John  Richman,  son 

of  the  late  Duncan  Richman  in  Kyntore.  Cautioner  Mr.  Robert  Paip,  Advocate  in 
Abd.  Non  performance  of  a  contract  was  alleged. 

7.  Andrew  Paull,  burgess  of  Abd.  v.  Wm.   Ferguss  in  the  Holl.     Cautioner  Wm. 

Jamesone  in  Culter. 

Harie  Gordone  of  Dilspro  v.  Patrick  Ray  in  Gowill.  Cautioner  John  Chalmer  of 
Balbithane.  Rent  of  eight  oxengait  of  the  lands  of  Gowill. 

14.  Gilbert  Gray  of  Schiwes  v.  Andrew  Sangster  in  Auldtonleyis.     Cautioners  James 

Birney  in  Tarves  and  John  Dowerty,  Merchand  in  Aucheredey.  Gray's  claim  was  for 
the  alleged  demolishing  of  "sum  bigingis  standang  upone  the  toft  of  the  saids  lands  of 
Auldtonleyis. " 

Removing  and  Discharge.  James  Johnstone  in  Bandeuthe  and  Gilbert  John- 
stone  in  Murtoune  in  favor  of  Thomas  Fraser,  brother  german  of  Andrew  Fraser  of 
Stainiewoid.  The  obligation  was  to  remove  from  the  lands  of  Lytill  Kynaddy  in  the 
parish  of  Dyce.  The  Johnstones  had  a  lease  from  James  Keyth  of  Auchquhorsk,  which 
he  had  assigned  to  Fraser,  who,  as  a  condition  of  their  removal,  discharged  the  tenants 
of  rents. 

Loosings  of  Arrestments.  John  Richman  v.  Henry  Smart  in  Kowstainis. 
Cautioner  Stewin  Macky.  Claim  for  non-fulfilment  of  a  contract.  (  Vide  Supra  4  May). 

16.  Margaret  and  Bessie  Sherar,  lawful  children  of  the  late  Wm.  Sherar  in  the  Mill  of 

Mekill  Wardes  and  their  tutors  and  curators  v.  Margaret  Watt  at  the  Mill  of  Mekil 
Warcles,  and  Alexr.  Garden,  her  husband.  Cautioner  Andrew  Sangster  in  Fiddes. 
The  arrestees  were  charged  with  wrongly  intromitting  with  property  belonging  to  the 
children. 

John  Gordone  in  Ingzean  tf.  Arthur,  Lord  Forbes.  Cautioner  James  Forbes  of 
Lethintie.  The  arrestment  was  used  for  "  allegit  warrandice  of  certane  multeris 
extending  in  walor  &  pryce  of  ane  hundreth  &  saxteen  punds  or  thairby  allegit  abstractit 
fra  the  said  Johnis  Myll  of  Ingzean,  allegit  to  ha  we  bene  warrandit  be  the  said  Lord." 

Renunciation  and  Discharge.  Agnes  Deuket,  widow  of  Mr.  Robert  Gardyn  of 
Bellamoir  and  wife  of  David  Michell  in  Abd.,  in  favor  of  John  Gardyn,  her  eldest  son. 
The  lady  renounced  all  her  claim  to  1000  merks,  due  by  James  Gordone  of  Knokespek. 

112 


Judicial  Enactments :  Vol.  L,  Contents 

1608. 

May  17.  Judicial  Ratification.  Janet  Leslie,  wife  of  Andrew  Leslie  of  New  Leslie,  in 
favor  of  Micheall  Leang  at  the  Myll  of  Auchmair.  Andrew  Leslie  had  granted  a 
wadset  to  Leang  of  the  lands  of  Boigis  of  Leslie,  which  his  wife,  by  this  act  of  court, 
ratified. 

Discharge  and  Ratification.  James  Troup  at  the  Myll  of  Straloch  and  Agnes 
Keyth,  his  wife,  in  favor  of  Alexander  Gordone  of  Cluny.  In  consideration  of  a  pay- 
ment of  900  merks,  the  lands  of  Quhytrashis  were  declared  to  be  redeemed. 

Renunciation  and  Discharge.  Marjory  Leith,  wife  of  George  Leslie  then  in 
Inverie  [?  Inverurie]  and  the  said  George  Leslie  in  favor  of  John  Leslie  of  Wardes. 
Redemption  of  Auld  Glanderstone  and  Vreis  on  payment  of  ^1000. 

Cautionary  Obligation.  Wm.  Cheyne  in  Esslmonthe  in  favor  of  John  Chalmer 
of  Balbithan.  Wm.  Cheyne  bound  himself  as  cautioner  for  Ronald  and  George  Cheyne, 
for  fulfilment  of  their  obligations  contained  in  the  Act  of  Court  of  date  30  April. 
(Supra  p.  112.) 

18.  Judicial  Ratification.     Margaret  Cheyne,  wife  of  Alexr.  Annand  of  Ochterellon. 
This  was  the  ratification  of  a  wadset  of  the  lands  of  Cuikstoun,  in  Ellon,  for  40x5  merks, 
to  Archibald  Beanis  for  himself  and  Cristiane  Annand,  his  wife  in  conjunct  fee,  &c. 

Renunciation  and  Discharge.  Thomas  Spens  of  Peireismill  in  favor  of  James 
Gordone  of  Lesmoir.  This  was  a  renunciation  of  all  Spens'  title  to  the  lar.ds  of 
Peireismyll,  Ailhouss  Croft  thereof,  &c.,  by  virtue  of  rights  conferred  on  him  by  the 
late  Sir  John  Gordone  of  Petlurge,  knight,  or  Alexr.  Gordone  of  Cluny,  who  had  come 
in  Sir  John's  place  as  assignee.  Certain  reservations  were  made. 

Loosings  of  Arrestments.  John  Forbes  of  Camphell  v.  James  Walker  in 
Campbell.  Claim  for  past  due  rent.  Cautioner  Alexr.  Farquhar  in  Northham. 

19.  James  Walker  in  Peterheid  ?'.   Micheall  Joffray  in  Kyndrocht.     Cautioner  George 
Tailzeour  in  Carnichell.     Claim  for  demolishing  buildings  on  Kyndrocht. 

23.  Personal  Obligation.     Wm.  Blakhall,  Maltman  in  Abd.,  in  favor  of  Jean  King, 

lawful  daughter  of  the  late  James  King,  burgess  of  Abd.  Blakhall  acknowledged  that 
he  was  due  50  merks  to  Jean  King,  which  he  bound  himself  to  pay  to  Christeane  John- 
stone,  widow  of  James  King  and  mother  of  Jean,  for  her  behoof  before  Martinmas. 

Personal  Obligation.  James  Muresone  in  Rothnathy  as  principal,  and  John 
Muresone  there  and  Archibald  Greig  in  Fraserburgh,  with  consent  of  Mr.  Samuel  Keith 
in  Conzeik  in  favor  of  James  Donaldsone,  burgess  of  Abd.  Keith  was  proprietor  of 
Tilletuthill  and  James  Muresone  was  tenant.  In  consideration  of  indebtedness  by  Keith 
to  Donaldsone,  and  with  the  consent  of  the  former,  the  tenant  bound  himself  to  pay 
his  rent  for  1608-9  and  10  to  Donaldsone.  The  proprietor  granted  a  discharge  to  the 
tenant  of  the  rent,  which  is  fully  detailed  in  the  entry,  while  there  was  the  usual  clause 
of  relief  by  the  principal  obligant  to  the  cautioneis. 


Aberdeenshire  Sheriff  Court: 

1608. 

June  8.  Loosings  of  Arrestments.     Wm.  Irving  of  Eister  Beltie  v.  Abraham  Forbes  of 

Blacktoune.  Cautioner  Alexr.  Irving,  apparent  of  Waster  Beltie.  Peats,  &c.,  in  the 
moss  called  Mossmad. 

James  Crichton  of  Auchilgowill  ?'.  Wm.  Jameson.     Cautioner  George  Chalmer  of 
Nothe. 

May  23.  Incest.     The  Crown  v.  James  Kelly  in  Toriglathe  [?  Torryleith].     George  Leslie 

(Out  of    of  Crechy  was  cautioner  for  the  accused's  appearance  on  8  June, 
date.) 

June  2.  Loosings  of  Arrestments.     James  Ogilvy  of  Blerok  v.  James  Ogilvy  of  Birnes. 

Cautioner  Provost  Alexr.  Rutherfurd.      Peats,  &c.,  upon  the  Hill  of  Dudvick. 

6.  Wm.  Setoun  of  Disblair  v.  Alexr.  Portar  in  Cowstanes.     Cautioner  Wm.  Materis 

in  Cowstanes. 

May  24.  Personal  Obligation.     James  Muresone  in  Rothnathy,  John  Muresone  there  and 

Archibald  Greig  in  Fraserburgh  in  favor  of  James  Donaldsone,  burgess  of  Abd.  This 
was  a  conjunct  and  several  obligation  by  way  of  judicial  act  for  £96  of  borrowed  money : 
but  the  clause  of  relief  contained  in  it  shows  that  James  Muresone  was  the  borrower  and 
real  debtor.  (Supra,  p.  113.) 

June  16.  Loosings  of  Arrestments.     Thomas  Craigheid  in  Kymondy  v.  James  Hervie  of 

Elrik.  Cautioner  Robert  Merser,  Citiner  in  Auld  Abd.  The  cause  of  the  arrestment 
was  the  alleged  spoliation  by  Hervie  of  a  black  ox  belonging  to  Craigheid. 

The  Sheriff  v.  Wm.  Thomsone  in  Manecht.    Cautioner  John  Irwing  of  Kincowsic. 
The  Sheriff  was  here  seeking  to  secure  payment  of  "  ane  allegit  bluidwiet." 

20.  Mr.  Wm.  Gordoune  of  Abirzeldy  v.  Nicoll  Inchemedden  in  Medler.      Cautioner 

Robert  Burnett  in  .       "  Peittis  cassin  be  him  "  [Inchemedden]  "and  the 

remanent  tennenttis  of  Medler  within  the  Mois  one  the  wast  end  of  the  Hill  of  Fair." 

15.  James  Forbes  of  Lethintie  v.  Wm.  Joffray  in  Hill  of  Fiddes.     Cautioner  Arthur 

Johnstoune  in  Auchindairg.  The  claim  was  for  goods  and  geir  said  to  have  been  taken 
from  the  "  Smiddy  of  Auchnacant." 

26.  Lawborrows.      The  Sheriff  and  John  Johnstone  in  Sheddakisley  v.   Andrew 

Johnstone  in  Sheddakisley.  Andrew  Johnstone  and  with  him  Robert  Johnstone  in 
Kayismyll  as  cautioners  bound  themselves  under  penalty  of  500  merks  that  Andrew 
should  appear  before  the  Sheriff  depute  on  eight  days  warning  to  answer  to  such  crimes 
as  he  might  lay  to  his  charge  preceding  this  date.  Also  that  he  should  not  molest  John 
Johnstone  in  Sheddakisley.  Andrew  Johnstone  also  took  the  burden  on  him  for  his 
brothers,  Alexr.,  Patrick,  and  David,  as  well  for  his  kinsmen  friends  and  "Allaya" 
that  they  should  not  molest  John  Johnstone. 

114 


Judicial  Enactments:  Vol.  L,  Contents 

1608. 

June  28.  Loosings   of  Arrestments.      James  Gardyn  of  Blakfcord  v.  John  Watsone  in 

Bogheid.  Cautioner  George  Meldrum  at  the  New  Myll.  The  claim  against  Watsone 
was  for  removing  from  Gardyn's  land. 

July  2.  Margaret  Annand,  widow  of  Robert  Woid  in  Auchindar  v,  Arthur  Johnstone  in 

Auchindar,  John  Cragheid  in  Fidesbeg,  Thomas  Greig  at  the  Myll  of  Fiddes,  and 
Arthur  Forbes  in  Blairchillie.  Cautioner  Arthur  Fantoun  in  Allathein.  The  case  here 
was  that  Johnstone  and  the  other  defenders  had  evicted  the  widow  from  the  town  and 
lands  of  Auchindar  at  Whitsunday,  1606. 

4.  James  Forbes  of  Lethintie  v.   Patrick  Annand  in  Fechill  and  Alexr.  Keith  there. 

Cautioner  Alexr.  Kennady,  brother  german  to  the  late  James  Kennady  of  Kermuk. 
The  arrestment  was  used  "for  the  allegit  rywing  out  of  ane  pairt  of  the  said  com- 
pleneris  lands  of  Fechill  and  casting  of  peittis  &  fewall  thairon." 

6.  John  Lumsden  of  Cushney  v.  George  Calder  at  the  Myll  of  Carnculy.      Cautioner 

Mr.  William  Forbes  of  Many.     Claim  for  past  due  rent. 

John  Lumsden  of  Cushney  v.  Robert  Reid  in  Torydishwell.  Cautioner  James 
Walcar,  servitor  to  Lady  Forbes.  Ten  merks  of  past  due  rent. 

9.  Alexr.  Gordone  of  Lyttill  Gowill  v.  Wm.  Thomsone  at  the  Walk  Myll  of  Logy. 

Cautioner  Wm.  Forbes  of  Logy.    The  dispute  was  about  peats  in  the  Moss  of  Swaillcnd. 

Wm.  Straquhan  of  Tillefrosky  v.  Nicoll  Ross  of  Auchlossin.  Cautioner  Matthew 
Youngsone,  burgess  of  Abd.  In  this  case  the  difference  was  about  peats  in  the  "  Mois 
of  Manzow  and  bounds  adiacent." 


Illustrative  Examples  taken  from  Vol.  L  of  Minute  Books  of 
Judicial  Enactments 

Assythment 

I. 

(20  March  1606) 

The  said  day  in  presens  of  Johne  Gordone  of  Tilligreig  Scherreff 
Deput  of  Abirdein  comperit  personallie  Maister  Robert  Paip  Aduocat 
and  Maister  Williame  Chalmer  Noter  in  Abirdein  and  become  actit  and 
monesit  of  their  awin  proppcr  confessionis  conjunctlie  and  seuerally  for 
thame  thair  aids  and  assignais  to  pay  and  delyuer  to  George  Innes  and 
James  Findlay  in  Newburgh  in  name  and  behalf  of  Walter  and  Cristen 
Innesses  pupills  bairnis  lauchfull  to  umquhill  Johne  Innes  sumtyme  in 
Newburgh  to  be  furthcumand  to  thame  equallie  betuix  thame  and  their 
mother  to  wit  Mariorie  Dvvne  to  hawe  the  proffeit  during  the  saids  barnis 
less  aige  and  minoritie  All  and  haill  the  sovvme  of  ane  hundredth  punds 
usual  money  of  North  Britain  within  the  duelling  hous  of  Nicolas  Innes 
in  New  Abirdein  upone  Witsonday  ewin  nixt  to  cum  in  the  yeir  of  God 
ane  thowsand  sex  hundreth  and  sex  yeirs  instant  but  onie  requisitioun 
And  failzeing  of  thankfull  peyment  thairof  at  the  day  foirsaid  the  sowme 
of  fourtie  punds  money  foirsaid  by  the  said  principall  sowme  as  for  coist 
skaith  and  expenss  And  that  in  satisfactioun  and  assyithment  of  the 
slachter  of  the  said  umquhill  Johne  Innes  committit  be  Wm  Chalmer 
seruitor  to  Wm  Blak  in  Newburgh  in  the  moneth  of  Februar  last  bypast 
in  this  instant  yeir  Quhairanent  the  said  George  Innes  Relict  and 
brother  and  narrest  freinds  sail  subscrywe  and  delyuer  to  the  saids 
Maisteris  Robert  and  Williame  ane  Letter  of  Slains1  at  the  reccpt  of  the 
said  sowme  &  immediatly  befoir  the  same  Quhairupone  the  saids 
pairties  "  hinc  inde "  tuik  act  &  instrument  And  quhow  oft  the  said 
sowme  beis  liftit  aff  of  proffeit  quhairon  it  happins  to  be  laid  to  be  als  oft 
imployit  of  new  agane  to  the  sicht  and  advyce  of  the  said  George  Innes 
Wm.  Strachauchin  of  Tibbertie  James  Findlay  and  Andro  Innes  in  New- 
burgh to  be  maid  furthcumand  to  the  said  relict  of  the  defunct  during 
the  saids  pupills  les  aige  and  that  the  proffeit  thairof  sail  appertein  to 
hir  during  thair  said  less  age  and  thaireftir  to  the  saids  barnis  equallie 
betuix  thame,  the  said  relict  in  the  mean ty me  sustening  the  saids  bairnis 

I  Called  also  Letters  of  Peace",  an  indispensable  preliminary  to  the  obtaining  of  a 
Crown  pardon. 

116 


Judicial  Enactments:  VoL  L,  Illustrative  Examples 

honestlie  according  to  thair  estait  during  thair  said  less  aige  and 
minoritie  Quhairupone  thair  wes  act  and  instrument  tain  in  maner 
foirsaid. 

JOHNE  GORDON E 

Sref  deput  of  Abirden 
Mr  WILLIAME  CHALMER 

wl  my  hand 
Mr  ROBERT  PAIP 
wl  yr  [sic]  hand 


II. 

(12  November  1606) 

The  said  day  In  presens  of  Johne  Gordoun  of  Boigis  Sref  Deput  of 
Abirdein  compeirit  Wa  and  Dauid  Umphrayes  lauchfull  bairnis  to 
umquhill  Patrik  Umphray  in  Baikiehill  with  consent  of  Peter  Bischoip  of 
Abirdein  Mr  James  Ross  Minister  thair  Alexr  Chalmer  Messinger  thair 
Curatours  giffin  to  thame  be  the  authoritie  of  the  said  Sref  Deput  In  hac 
parte  tantum  and  granntit  thame  to  havve  receavvit  frome  Thomas 
Meldrum  in  the  Milne  of  Darley  the  sovvme  of  fourtie  punds  usuall  monie 
of  this  realme  in  compleit  payment  for  the  sythment  and  slauchter  of  the 
said  umquhill  Patrik  thair  father  commitit  be  the  said  Thomas  Meldrum 
for  his  pairt  for  payment  of  the  quhilk  sovvme  and  for  the  payment  of 
halff  ane  boll  of  meill  yeirlie  to  be  payit  for  the  space  of  four  veins 
immediatlie  following  the  dait  heirof  be  the  said  Thomas  to  the  saids 
bairnis  the  langest  lewer  of  thame  as  ane  pairt  of  thair  alimentar  and 
burd  the  saids  barnis  and  thair  curatours  foirsaids  receawis  the  said 
Thomas  in  Cristiane  frendscheip  and  demitit  all  rancour  and  ewill  will  of 
the  mynd  with  all  actioun  criminall  and  ciwill  quhilk  they  hawe  intentit 
or  may  intent  agains  the  said  Thomas  be  occasioun  of  the  said  slauchter 
and  in  signe  and  tacken  thairof  gawe  to  him  thair  hands  And  the  saids 
Curatours  in  respect  of  the  present  minoritie  of  the  saids  bairnis  obligis 
thame  to  cans  thame  the  tyme  of  thair  perfyit  aig  and  maioritie  to 
consent  heirto  and  ratifie  this  presentis  Upon  the  quhilks  the  said 
Thomas  tuik  Act  of  Court  and  Instrument  And  in  lyk  maner 
compeirit  Helein  Differtie  relict  of  the  said  umquhill  Patrik  and  for 
payment  as  said  is  remitit  all  rancour  of  hir  hart  that  scho  had  agains  the 
said  Thomas  for  the  slauchter  of  hir  said  umquhill  spows  and  the  said 
haill  persones  was  content  that  this  presentis  suld  stand  in  effect  to  the 
said  Thomas  as  ane  sufficient  Letter  of  Slains  and  that  he  suld  purches 
heirupone  our  souerane  Lordis  remissioun  quhen  he  thocht  guid  and 
expedient  be  reassone  the  saids  wyiff  and  bairnis  granntit  thame  fullie 
satisfeit  for  the  said  slauchter  as  narrest  of  bluid  to  the  defuncte  for 

117 


Aberdeenshire  Sheriff  Court 

thame  selffis  and  the  remanent  of  thair  kin  and  freinds  Unto  the  quhilks 
the  Shref  Deput  foirsaid  interponit  his  authoritie  and  moneissit  the  saids 
persones  ewerie  ane  of  thame  respectiue  to  obserue  thair  awin  pairtis 
thairof  and  ordanit  precepts  to  be  direct  thairone  in  forme  as  effeiris 
Upon  the  quhilk  the  said  Thomas  tuik  act  of  Court  and  instrument. 


Heritable  Rights— Act  of  Possession 

(15  April  1606) 

The  said  day  Johne  Lord  Saltoun  causit  charge  Johne  Gordoun  of 
Bogis  Shref  depute  of  Abd  be  werteu  of  oure  Souerane  Lords  letteris  To 
enter  the  said  Lord  to  the  possessioun  of  tua  pleuchis  of  the  Lands  of 
the  Mayneis  of  Drumbrek  lyand  within  the  barronrie  of  the  samen  and 
Srefdome  of  Abd  And  that  according  to  the  tenour  of  the  saidis  Letteris 
and  to  putt  ane  Decreit  of  Remowing  obtenit  befoir  the  said  Shref  depute 
at  the  instance  of  Alexr  Mowtray  burges  of  Abd  aganeis  the  tennentis 
&  occupiaris  of  the  saids  tua  pleuchis  land  viz  the  middill  pleuche  of  the 
saids  lands  now  lyand  weist  on  the  Wast  And  the  uther  callit  the  Sone 
pleuche  or  Barriewallis  now  occupeit  be  James  Smyth  To  the  quhilk 
Decreit  the  said  Lord  is  maid  assignay  and  the  saids  Letteris  of  the 
Lords  raisit  at  his  instance  as  assignay  foirsaid  For  obedience  of  the 
quhilks  Letteris  the  said  John  Gordoun  enterit  the  said  Lord  to  the 
actuell  and  real  possessioun  of  the  said  tua  pleuchis  lands  be  casting  out 
of  ane  Cheir  and  ane  Tangis  out  of  the  hous  of  the  said  James  Mill 
[?  Smyth]  entering  the  said  Lord  within  the  biging  thairof  and  delyuering 
him  the  keyis  of  the  fyr  houssis  barneis  and  officeis  houssis  of  the  samen 
And  be  yeird  and  stane  of  the  grund  of  the  said  weist  pleuche  And  pat 
the  Decreit  to  executioun  according  to  the  tennour  of  the  charge  in  all 
poyntis  Upone  the  quhilk  the  Shref  deput  foirsaid  and  Lord  tuik 
instrument  in  the  hands  of  me  Mr  Wa  Andersone  Shref  Clark  of  the  said 
Shrefdome  And  this  wes  doin  upone  the  grund  of  the  saids  lands  at  tua 
eftir  nune  or  thairby  Befoir  Witnessis  Mr  Wa  and  Patrick  Lewinstoneis 
Seruitours  to  the  said  Lord  Patrick  Abirnethie  of  Nether  Dell  George 
Meldrum  appeirand  of  Drumbrek  Alexr  Gordoun  Seruitour  to  the  Shref 
depute. 


118 


The  Diet  Books:  VoL  IX.,  1607,  1619,  J620 

In  this  volume  are  bound  together  in  the  most  promiscuous  and 
puzzling  fashion  some  fragments  which  have  survived  from  several 
missing  books.  Parts  have  the  appearance  of  being  the  remains  of  books 
actually  kept  in  Court,  while  in  others  the  more  careful  penmanship 
points  to  their  having  been  clean  copies  subsequently  written  up. 
Portions  of  the  years  1607,  1619  and  1620  are  covered.  We  have 
already  seen  that  specialization,  by  keeping  different  books  for  different 
kinds  of  business,  had  been  adopted  ;  but  it  is  quite  clear  from  what  is 
found  here  that  no  invariable  practice  obtained.  Acts  of  Court,  such  as 
Lawborrows  are  found  here,  as  well  as  examples  of  Services  and  Cura- 
tories,  although  special  books  were  in  existence  in  which  one  would  have 
expected  to  find  all  such.  The  order  in  which  the  entries  occur  in  the 
volume  has  been  followed,  although  these  are  not  altogether  in  chrono- 
logical sequence.  It  is  unfortunate  that  the  entries  for  1607  do  not 
embrace  the  period  for  holding  the  Fiars  Courts  ;  but  on  the  other  hand 
the  scraps  from  1619  and  1620  furnish  examples  of  these.  A  large 
number  of  interlocutory  entries  have  been  passed  over,  because  they 
contain  no  data  for  ascertaining  either  the  subject  matter  of  the  proceed- 
ings of  which  they  form  part,  or  for  identifying  the  persons  named  in 
them  by  territorial  designation,  residence  or  occupation. 


119 


Table  of  Contents  of  Vol.  IX.  of  Diet  Books 

1607. 

Decree  of  Transumpt.  (Imperfect.)  This  appears  to  be  the  transumpt  of 
Sasine  of  the  lands  of  Orchartoun  in  the  Barony  of  Tullidaff,  following  upon  a  Charter 
under  the  Great  Seal  in  the  second  year  of  Henry  and  Mary  in  favor  of  Christina 
Tullidaff  and  Mr.  James  Stewin,  her  husband.  The  witnesses  to  the  Act  of  Court  were 
Wm.  Forbes,  son  of  Forbes  of  Thainstoun,  Alexr.  Gordoun,  son  of  John 

Gordoun  of  Boggis,  Wm.  Gordoun,  Baker,  burgess  of  Abd. ,  Andrew  Kyng,  Advocate, 
and  others. 

June  3.  Nature  of  Action  not  disclosed.     Alexr.  Leslie  of  Monalie  v.  Agnes  Innes  and 

Alexr.  Chalmer  of  Kempstoune,  her  husband.  The  case  was  continued  to  10  June  for 
interlocutor,  but  is  not  mentioned  again.  On  25  June  and  7  July,  however,  there  were 
diets  of  proof  in  an  action  between  the  same  parties,  Leslie  being  the  defender. 

Exhibition.  Agnes  Innes  and  Alexr.  Chalmer  of  Kempstoune,  her  husband  v. 
George  Creichtoun  of  Beildestoun.  There  was  a  continuation  to  10  June  for  inter- 
locutor ;  but  no  farther  entry  has  been  found. 

Wrongous  Intromission.  Andrew  Reid  of  Collestoun  r.  John  Wilguis.  For 
the  "  melling  with  ane  pairt  of  Collestoun  callit  Cokishill." 

Breach  of  Arrestment.  Wm.  Keyth  of  Pettindrum  and  the  Procurator  Fiscal  v. 
James  Cruden  and  Wm.  Reid. 

Nature  of  Action  not  disclosed.  Agnes  Innes  and  Alexr.  Chalmer  of  Kempstoune, 
her  husband  v.  Gco.  Creichtoun  of  Tillikirie.  Defences  lodged. 

Nature  of  Action  not  disclosed.  Sara  Leisk  and  Alexr.  &  John  Lcisk,  her  tutors 
71.  Wm.  Kay  in  Cruden  and  John  Wilkcn  in  Clayhills.  Defences  lodged.  On  25  June 
John  Hay,  her  "  guidsir,"  is  named  as  one  of  the  pursuer's  tutors. 

Nature  of  Action  not  disclosed.  Sir  Alexr.  Fraser  of  Fraserisburgh  v.  Thomas 
Birny.  Defences  lodged. 

Nature  of  Action  not  disclosed.  Peter  Hay  in  Fechil  v.  James  Forbes  of  Lethintic 
and  Margaret  Forbes,  his  wife.  This  was  a  diet  of  proof  which  had  been  allowed  in 
absence  ;  but  the  defenders  appeared  and  were  reponccl  and  defences  ordered  on  10  June. 

Removing1.  James  Forbes  of  Lethintie  v.  Peter  Hay  in  FechiU  and  Patrick 
Annand  there,  brother  to  the  Laird  of  Ochterellon.  (  Vide  p.  130  infra.} 

Nature  of  Action  not  disclosed.     Patiick  Cheyne,  son  and  apparent  heir  of  Mr. 

Gilbert  Cheyne  of  Cruffy  v.  Alexr.  Wode  of  Colpnay  and  Helen  Leisk,  widow  of  Mr. 

Gilbert  Cheyne.  The  Pursuer  produced  his  service  as  heir  general  of  his  father. 
Defences  ordered  on  10  June. 

I2O 


Diet  Books:  Vol.  IX.,  Contents 

1607. 

June   3.  Violent  Profits.      Ronald  Forbes  in  Tertowie  v.  Patrick  Moir,  occupier  of  the 

shadow  third  of  Kynneller.  The  pursuer  produced  Decree  of  Removing  against  the 
defender  dated  31  October  1606.  The  Defender  consented  to  removing,  but  was 
allowed  to  lodge  defences  on  10  June  against  the  claim  for  violent  profits.  The  end  of 
the  case  is  not  reached  in  this  volume. 

Decree  of  Removing.  James  Setouri  of  Petmedden  v.  John  Sangster  in  Crage. 
Four  oxengait  of  the  lands  of  Crage  in  Udny.  Sasine  under  the  hands  of  James 
Davidsoun  and  Gilbert  Thomsone  produced,  but  no  date  given.  The  Defender  did  not 
appear. 

Reference  to  Oath.  John  Wilguis  in  Litill  Artrochie  v.  Margaret  Cheyne,  wife 
of  Andrew  Reid  of  Collestoune.  The  Pursuer  sued  for  two  bolls  of  meal  delivered  to 
defender  ;  but  on  a  reference  to  her  oath  she  deponed  that  she  received  them  by  her 
husband's  command  as  part  payment  of  the  Pursuer's  rent. 

4.  Assault — Blood-drawing.     Procurator  Fiscal  v.  George  Tailzeour  in 

For  "  the  blude  drawing  of  James  Cruffis  in  the  heid"  the  accused  was  ordained  "  to 
pay  to  the  Procurator  Fiscall  in  name  of  his  Majestic  and  Shreff"  £ IO>  and  to  the 
injured  man  as  compensation  ^5.  Cautioner  for  payment  John  Mill,  Tailzeour,  burgess 
of  Abd. 

Breach  of  Arrestment.  Mr.  Wm.  Barclay,  Procurator  Fiscal,  and  Thomas 
Birnye  in  Kinglasser  v.  Alexr.  Cruden  there.  Defences  ordered  on  23  June,  when 
there  was  a  continuation,  after  which  no  entry  has  been  found. 

Removing.  Jean  Abirnethy,  with  consent  of  John  Urquhart  of  Craigfintray,  her 
husband  v.  Margaret  Watsone,  widow  of  Robert  Brabner  and  wife  of  Patrick  Watt. 
The  female  Pursuer  claimed  to  be  "  conjunct  fear  or  at  the  leist  lyferenter  "  of  Froster- 
hill  in  Bethelny,  from  which  she  sought  to  have  the  Defender  removed.  The  Sasine 
produced  was  under  the  hand  of  the  late  Patrick  Chalmer,  Notary  Public.  On  June  23 
Mr.  Wm.  Reid,  procurator  for  the  Pursuers,  borrowed  up  the  "  haill  proces "  and 
signed  a  receipt  in  the  Diet  Book.  The  cause  was  advocated  on  8  July. 

General  Service.  Janet  Forbes  to  Alexr.  Forbes  in  Braidhauche,1  her  father. 
( Vide  p.  58  supra. ) 

Service — Tutory.  Janet  Forbes,  daughter  of  Alexr.  Forbes,  sometime  of  Bred- 
hauche.  Wm.  Forbes,  her  father's  immediate  elder  brother,  was  appointed,  for  whom 
William  Forbes  of  Poflug,  his  father,  was  cautioner.  (  Vide  p.  58  supra.) 

i  This  name,  which  like  most  place  names  was  a  descriptive  one,  has  now  been  corrupted 
almost  beyond  recognition  into  "  Breda."  In  similar  imitation  of  certain  southern  disabilities  of 
utterance  "  Fawbs"  is  rapidly  superseding  the  ancient  "  Forbes  "  or  "  Forbas."  When  we  come 
to  have  "  Awton  "  for  "  Hauchetoune  "  and  "  Whiteaw  "  or  even  "  Witeaw  "  for  "  Whitehauche  " 
or  "  Quhythauche,"  we  shall  have  gone  still  farther  on  the  downward  path,  which  many  Scots- 
men, alas  !  think  it  fashionable  to  tread. 


Aberdeenshire  Sheriff  Court : 

1607. 

June  4.  Tutory — Delegation  of  Office.  The  said  Wm.  Forbes  to  Wm.  Forbes  of 
Poflug,  his  father.  On  the  narrative  that  he  was  going  abroad  the  tutor  give  power  to 
his  father  to  fulfil  the  duties  of  tutor  to  Janet  Forbes,  the  niece  of  one  and  grandchild  of 
the  other.  (Vide  p.  132  infra.) 

5.  Decree  of  Removing.     Gilbert  Blak,  Couper,  burgess  of  Abd.  v.  Beatrix  Browne, 

widow  of  Wm.  Blak  sometime  in  Newburgh,  and  Gilbert  Blak,  his  son,  and  others. 
The  Defenders  were  occupiers  of  certain  tenements  "  ruidis  croftis  &  aikeris  "  in  the 
Barony  of  Newburgh  particularly  described  in  the  decree.  The  Pursuer's  Sasine  under 
the  hand  of  John  Nicolson,  Notary  Public,  dated  II  April  1581,  was  produced. 

9.  Decree  of  Removing.     Robert  Keyth  of  Auldmad  v.  Wm.  Keyth,  Isobel  Keyth, 

widow  of  Gilbert  Keyth,  John  Keyth,  Elspet  Nicoll,  widow  of  Wm.  Fynnie,  and  James 
Fynnie,  her  son,  all  in  Nether  Altrie.  The  pursuer  was  tacksman  and  titular  of  Nether 
Altrie  in  the  parish  of  Deer  in  virtue  of  a  contract  between  him  and  Wm.  Keyth,  son 
of  the  late  Sir  Wm.  Keyth,  containing  an  assedation  of  the  lands  dated  21  January  1607. 

10.  Lawborrows.     John  Fraser,  Walker  in  v,  Patrick  Cheyne,  son  of  the 
late  Mr.  Gilbert  Cheyne.     Cautioner  James  Leslie  at  the  Mill  of  Buchanstoun  under 
penalty  of  ^100. 

Decree  of  Removing.  Dame  Elizabeth  Forbes,  Lady  Sincler  v.  James  Hardie 
in  Mekill  Haddocht,  Gilbert  Trowp  in  Litill  Haddocht  and  Jeane  Smyth,  widow  of 
Walter  Liggertvode  in  Fornatie.  The  first  two  defenders  were  removed  from  parts  of 
Mekill  and  Litill  Haddocht,  and  the  third  from  Fornatie  all  in  the  Barony  of  Newburgh 
and  parish  of  Foveran,  the  Pursuer  being  liferenter  of  the  lands.  Her  Sasine  was 
dated  12  September  1566.  Notary  Mr.  John  Robertsone. 

Removing.  James  Creichtoun,  yr.,  of  Frendraucht  v.  George  Creichtoun  of 
Tillikerie  and  another.  The  lands  dealt  with  were  the  town  and  lands  of  Pardarg  in 
the  Barony  of  Frendraucht.  The  date  of  the  Sasine  produced  is  not  given,  but  the 
notaries  were  Geo.  Cheyne  and  John  Leslie. 

11.  Decree  of  Removing.      Wm.   Udny  of  that  Ilk  r.  Arthur  Udny  of  Auchloun. 
Decree  pronounced  in  absence. 

Decree  for  Payment.  Mr.  Robert  Chalmer  of  Hessilhead  v.  Wm.  Irvyng  in 
Denmyll.  Two  bolls  of  beir  worth  20  merks  with  2O/-  of  expenses. 

Decree  of  Removing.  Hew  Craufurde  of  Quhyithill  v.  Alexr.  Meldrum  in 
Quhythill.  The  defender  was  in  occupation  of  16  oxengait  of  Quhythill  and  8  oxengait 
of  Brounchill  in  the  parish  of  Deer  and  Barony  of  Fedderet. 

Decree  of  Removing.  Cristane  Fraser,  Lady  Fedderet  v.  John  Lowrance, 
Magnus  Will,  Andrew  Creak,  James  Hendersone,  James  Bedy,  and  Wm.  Craufurd,  all 
in  Ernsyde.  The  defenders  were  in  occupation  of  portions  of  Ernsyde  [Ironside]  in  the 
parish  of  Deer,  of  which  the  pursuer  was  liferentrix.  Sasine  produced  dated  4  March 
1582.  Notary  Mr.  Andrew  Clark. 

J22 


Diet  Books:  Vol.  IX.,  Contents 


1607. 

June  17.  Special  Service   (Inq.  Spec.  Abd.  No.    109).      Wm.   Gordoun  of  Abergeldie  to 

Alexr.  Gordoun  of  Abergeldie,  his  father.  Grandoun,  Auchmull,  Perslie,  and  Crabis- 
toune.  In  non-entry  since  death  of  ancestor  in  June  1594.  Reserving  to  John  Gordoun 
of  Crabistoune,  brother  german  of  the  heir,  his  right  and  title  to  Crabistoune ;  to 
Thomas  Gordoun  of  Grandoun,  another  brother,  his  right  to  Grandoun  and  Perslie, 
Waulkmill,  and  salmon  fishing  on  the  Don  ;  and  to  James  Gordoun,  another  brother, 
his  right  to  Auchmull. 

Assault — Blood-drawing.      The   Procurator  Fiscal   and   Andrew   Meldrum   in 
v.  James  Moresone.      The  fines  inflicted  were  £10  to  the  Fiscal  for  His 
Majesty  and  ^5  to  the  injured  party. 

Spuilzie.  Patrick  Couttis  in  Innerernane  v.  Alexr.  Straquhan,  fiar  of  Glenkyndie. 
In  absence  of  the  defender,  the  libel  was  admitted  to  the  pursuer's  probation. 

20.  Decree  of  Removing.     George,  Erie  Merschell  v.  Wm.  Andersone  in  Froighill. 

The  Earl  sued  for  himself  and  on  behalf  of  John  Andersone  of  Dennis,  his  tenant,  for 
removal  of  the  Defender  from  the  town  an  3  lands  of  Froighill  and  a  part  of  Dennis  called 
Andeiswallis  in  the  parish  of  Deer.  A  Sasine  and  lease  were  produced,  but  no  particu- 
lars are  given. 

Decree  of  Removing.  Wm.  Keyth  of  Pettindrum  v.  Margaret  Cuik,  widow  of 
John  Barclay  in  Pettindrum  and  John  Cuik  her  father,  Robert  Leist,  alias  Wobster,  in 
Perschorne,  Alexr.  Gawdie  in  Pettuleis  and  George  Quhatsone  in  Chappeltoune.  The 
various  holdings  were  Blakhillokis,  Mowetis  land,  Blakfaukl,  Ramsayes  land,  Persce- 
horne,  Pettulleis,  and  Chappeltoun  in  the  parishes  of  Philortht  and  Abirdour.  Particu- 
lars of  Sasine  not  given. 

Advocation.  Sir  Archibald  Dougleis  of  Kellour,  knight,  and  Dame  Barbara 
Forbes,  his  wife  v.  James  Banerman  of  Crakinhill  and  Margaret  Hay,  his  wife.  An 
action  was  apparently  depending  by  Banerman  and  his  wife  against  Dougleis  and  his 
wife  for  delivery  of  "abulamentis  guidis  &  geir  and  gold  smyth  wark"  which  was 
stopped  by  Letters  of  Advocation,  "ay  and  quhill  the  deidlie  feid  mentionat  in  the 
saidis  letteris  standis  onreconseillit." 

23.  Decree  for  Payment.     John  Collie,  sometime  in  New  Madlerne  r.  John  Buchane 

there.  8  pecks  of  oats  "calf  come"  crop  1605,  price  36/8,  with  6/8  of  expenses,  were 
decerned  for. 

Nature  of  Action  not  disclosed.      Wm.  Rany  v.  Arthur,  Lord  Forbes, 

Dame  Janet  Seytoun,  his  mother,  and  others. 

25.  Removing.     Gilbert  Gray  of  Schewes  v.   Andrew  Pirie  and  Janet  Blak  there. 

The  Sasine  produced  was  under  the  hand  of  the  late  Mr.  John  Gray,  Notary  Public. 
Defences  ordered  for  30  June,  when  they  were  lodged.  Replies  were  put  in  on  4  July, 
after  which  no  entry  has  been  found. 

123 


Aberdeenshire  Sheriff  Court : 

1607. 

June  25.  Removing.     Francis,  Earl  of  Errull  z>.  Thomas  Hay  in  Cask  and  George  Hay, 

his  son,  Robert  Mackie  in  Deiphedder,  John  Austean  and  a  number  of  others  in  Taartie. 
The  Pursuer,  as  proprietor  of  the  Barony  of  Slains,  sought  to  remove  the  Defenders  from 
Auchquharnie,  Deiphedder  and  Taartie.  The  Pursuer  is  said  to  have  re-produced  his 
Sasines  which  were  lying  in  the  clerk's  hands. 

30.  Decree  of  Removing.      Wm.  Trowpt  of  Beggishill  v.  Gilbert  Wricht  in  Mill  of 

Beggishill.  The  Defender  was  occupier  of  Mill  of  Beggishill  and  part  of  Troupismill  in 
the  parish  of  Drumblait.  Sasine  dated  10  Novr.  1585.  Notary  Wm.  Ogstoun. 

Cutting  Green  W^ood.  James  Creichtoun,  Younger  of  Frendraucht,  with  consent 
of  James  Creichtoun  of  Frendraucht,  his  father,  as  administrator  v.  George  Creichtoun 
of  Tillikirie.  The  Pursuer's  Sasine  was  produced,  but  without  particulars.  Defences 
were  lodged  on  8  July. 

Removing.  Thomas  Spcns  of  Bogforthe  v.  Andrew  Thomson  in  Piriesmill.  The 
subject  was  a  croft  of  Piriesmill  in  the  Barony  of  Kynmondie  by  annexation  and  parish 
of  Drumblait.  Sasine  dated  5  Octr.  1598.  Notary  George  Cheyne. 

Violent  Profits  (Incomplete).  George  Adamsone  in  Elphin  v.  Wm.  Leask  of  that 
Ilk.  The  Pursuer's  case  was  that  the  Defender  evicted  him  in  May,  1600,  from  Bals- 
champhie  in  Ellon  and  for  violent  profits,  but  the  Defender  was  assoilzied. 

July  I.  Arrears  of  Rent.      Alexr.  Irving  of  Drume  v.  Wm.  Chalmer,  sometime  of  Tilli- 

kirie. This  was  a  diet  of  proof.  In  the  Defender's  absence  there  were  examined,  as 
•  witnesses  for  the  Pursuer,  Alexr.  Matthowsone  and  Thomas  Johnestoune  in  Kynkell, 
Andrew  Symmer  in  Hedden'eik,  Gilbert  Leslie  and  John  Neill  in  Northe  Boge,  Alexr. 
Irving,  burgess  of  Abd.,  John  Andersone  in  Burnegrannis,  and  Patrick  Stewin  and 
Charles  Philpe  in  Kynmukis.  There  were  produced  the  Confirmed  Testament  of  the 
late  Alexr.  Irving  of  Drume,  the  Pursuer's  Sasine,  a  Missive  Bill  directed  to  the  Pursuer 
by  the  Defender,  and  the  Extract  of  the  "Feirs"  ol  the  years  libelled.  Neither  the 
lands  nor  the  years,  for  which  rent  was  claimed,  are  mentioned ,  but  it  may  reasonably 
be  assumed  that  the  lands  of  Kynmuk  were  those  referred  to. 

4.  Decree  of  Removing.      John   Leslie  of  Petcaple   v.   John  Chalmer   in  Wester 

Fintray,  and  John  Foullertoun  for  his  interest.  The  subjects  were  the  Brew  Croft  and 
Brewhousc  of  Wester  Fintray  in  the  parish  of  Fintray,  with  privilege  of  brewing. 

Removing.  John  Gordone  of  Crag  v.  James  Gairdyne  of  Blakfurde.  The 
Defender  occupied  4  oxengait  of  the'lands  of  Langland,  part  of  the  lands  of  Auchindoir. 
Sasine  of  Anchindoir  produced  under  the  hand  of  Mr.  Wm.  Thomsone,  Notary  Public. 
Defences  and  Answers  were  put  in  on  8  July. 

Spuilzie.  Alexr.  Fraser  of  New  Forrest  v.  Alexr.  Forbes  in  Turriff,  James 
Lessell,  Messenger,  and  their  colleagues.  The  subject  matter  is  not  stated  :  but  the 
procurators  for  the  Defenders  not  appearing,  the  case  was  admitted  to  the  Pursuer's 
probation. 

124 


Diet  Books:  Vol.  IX,,  Contents 


1607. 

July  4.  Theft,  Reset  of  Theft,  and  Habit  and  Repute.  The  Procurator-Fiscal  v.  John 
Patrie  in  Gilquhomstoune,  who  was  charged  with  a  number  of  acts  of  sheepstealing,  and 
also  with  stealing  from  the  tenants  of  Gilquhomstoune  five  bolls  of  beir  yearlie  for  four 
years  past :  but  of  all  these  charges  Patrie  was  acquitted.  The  jury  however  convicted 
him  of  being  a  common  thief,  and  he  was  banished  from  the  Sheriffdom  and  his  move- 
able  goods  escheated  to  the  use  of  the  Crown,  the  Sheriff  and  his  deputes. 

8.  Appointment  of  Mair  Depute.      Andrew  Creichtoun  servitor  to  the   Laird   of 

Frendraucht  was  presented  by  Mr.  George  Bisset,  Mair  of  Fee,  admitted  by  the  Sheriff 
depute,  and  sworn  in. 

Nature  of  Action  not  disclosed.      Hew  Gordoune  in  Abercatteis  v.  Mr.  Gilbert 
Keylhe  in  Auchquhorsk  and  Burnat,  his  wife.     An  assignation  by  Henry  Forbes 

of  Kynneller  was  produced  by  the  Pursuer. 

10.  Liquidation  of  Prices.      James  Forbes  of  Fechill  v.  Geo.  Banerman  of  Walter- 
toune  as  Tutor  to  Edward  Bruce.     The  Pursuer  already  held  a  decree  for  a  balance  of 
the  rent  of  12  oxengait  of  Fechill  and  a  croft  called  Proctor's  croft  in  the  Lordship  of 
Altrie.     By  this  decree  the  prices  of  the  victual  and  others  in  which  the  rent  was  payable 
was  liquidated  by  the  evidence  of  five  witnesses  who  fixed  the  value  of  a  boll  of  meal  at 
^"4   6s.  8d.,  a  boll  of  Quhyt  II  merks,  a  wedder  4  merks,  a  lamb  16/8,  a  capon  5/-,  a 
pultrie  3/4.      Before  the  proof  was  taken  it  was  pleaded  for  the  Defender  (whether  the 
pupil  or  tutor  does  not  appear)  that  he  was  not  properly  summoned,  being  resident  in 
Kincardyne  ;  but  it  was  held  that  the  action  was  properly  brought  in  Aberdeen,  ratione 
rei  de  qua  agitur.     The  prices  fixed  were  the  "  niest  "  prices. 

11.  Special  Service  (Inq.   Spec.   Abd.   No.    110).       Alexr.  Gordone  of  Cluny  to  Sir 
Thomas  Gordone  of  Cluny,  his  father.    Carvethin,  Thornywray,  Corsistane,  Peireismyll, 
Sliauche,  Adamstoun  and  others.      In  non-entry  since  death  of  ancestor  in  December 
1604. 

13.  Lawborrows.    Thomas  Forbes  and  other  burgesses  of  Aberdeen  v.  George  Kying 

in  Grandoun  and  George  Ewen  in  Corthybuk.  The  complainers  were  in  possession  of 
the  Cruives  of  Don  and  were  being  interfered  with  by  the  respondents,  for  whom 
Robert  Stewart,  burgess  of  Abd.  became  cautioner  under  penally  of  400  merks  for  each. 
The  lawborrows  had  been  taken  out  in  the  Court  of  Session.  Stewart,  Kying  and  the 
Sheriff  depute  signed  the  entry. 

The  entries  for  1607  take  end  here. 
1619. 

April    8.  Assault— Blood-drawing.      Andrew  Cuming,   Lax  fischer   v.    Patrick   Howat, 

indweller  in  Abd.  Alexr.  Jaffray  of  Kingiswallis  was  cautioner  for  the  entry  of  the 
accused  upon  15  days  warning  and  signed  the  Act  of  Court.  Howat's  obligation  to 
relieve  his  cautioner  was  signed  by  John  Hunter,  Notary  Public. 

May  26.  Lawborrows.      Robert  Gardin  in  Kingiswalls  v.  James  Chrystie  in  Baddintuithe. 

Cautioner  Alexr.  Chrystie  in  Litill  Fynnersie. 

Removing.  (Imperfect).  Margaret  Hay,  widow  of  Michael  Fraser  of  Techmurie, 
and  Alexander  Fraser,  their  son  and  apparent  heir  v.  Patrick  Hay  in  Craigheid.  The 
lands  of  Craigheid  in  Deer. 

125 


Aberdeenshire  Sheriff  Court: 

1619. 

July  15.  Lawborrows.     Alexander  Annand  of  Arduthie  v.  Wm.  Forbes  of  Tolquhone. 

(Out  of    There  is  here  copied  a  certificate  testifying  either  that  lawborrows  had  been  taken  out 
date.)      or  security  for  ^1000  found  in  the  Court  of  Session. 

June    I.  Removing.      Mr.  John  Strauchauchin,  portioner  of  Kincardin  v.  James  Robert- 

sone  in  Kincardin.  The  Pursuer  signed  a  receipt  to  Mr.  Alexr.  Davidson,  his 
Procurator  for  a  Sasine  of  Kincardine,  dated  13  Jany.  1616,  under  the  subscription  of 
Alexr.  Middiltoune,  Notary,  which  had  been  produced  in  the  process. 

1 8.  Lawborrows.       Patrick  Leslie,  Dempster  and  Mardroune  Ross  his  v. 
Andrew  Reid,  lawful  son  of  the  late  Edward  Reid,  Skinner  in  Abd.     Cautioner  Wm. 
Craigheid,  burgess  of  Abd.     The  caution  was  ^100. 

30.  Personal  Obligation.     Thomas  Touche  in  Corsinday  in  favor  of  John  Gordoune 

of  Lytill  Go  will.  Touche  enacted  himself  to  pay  £20  twixt  this  date  and  12  July,  and 
failing  payment  £10  as  for  "cost  skayth  &  dampnage." 

Admission  of  Mair  Depute.  Patrick  Gordoune  in  Bogheid,  who  had  been 
appointed,  appeared,  accepted  office,  took  the  oath  defideli,  and  found  Normond  Lesly, 
burgess  of  Abd.,  as  cautioner  for  him. 

Augt.  18.  Fiars  Court.     John  Gordoune  of  Lytill  Gowill  and  Mr.  Wm.  Paip,  Advocate 

were  on  the  bench,  and  there  were  six  jurors  (apparently  they  were  witnesses  as  well), 
viz.  :  Alexr.  Burnet,  burgess,  Alexr.  Chalmer,  burgess,  Mr.  Wm.  Ray,  Advocate,  Wm. 
Forbes  in  Kynadie,  Robert  Middiltoun  in  Sauchin  and  Wm.  Leiwingstoune  in 
Corsinday. 

Lawborrows.  John  Smyth  in  Bandtuithe  v.  Wm.  Aitken  there  ct  e  contra. 
Each  was  bound  to  keep  the  peace  under  the  penalty  of  .£100.  Cautioner  for  Aitken, 
John  Chrystie  in  Corsinday,  for  John  Smith,  Alexr.  Smyth  in  Carneday. 

19.  Personal  Obligation.     Wm.  Aiken  in  Bandtuith  in  favor  of  John  Gordoune  of 
Lytill  Gowill.     Aiken  enacted  himself  to  pay  £20  betwixt  this  date  and  Michaelmas, 
and  £10  in  case  of  failure. 

Personal  Obligation.  Duncan  Gellan  in  Calsietoun  of  Corsinday  in  favor  of  John 
Gordoune  of  Lylill  Gowill.  Gellan  enacted  himself  to  pay  £$o,  payable  half  on  25 
Augt.  and  the  other  half  before  Michaelmas,  with  ,£10  penalty  for  each  failure. 

Deer.  22.  Manslaughter.    James   Waenis  in   Aswanlie   was  cited   to  appear  before   the 

Sheriff  in  the  Tolbooth  upon  15  January  to  answer  to  a  charge  of  having  killed  or  being 
art  and  part  in  the  slaughter  of  James  Bartill  in  Pleylands  on  12  Deer.  Cautioners 
George  Calder  of  Aswanlie,  James  Gordoune  in  Beldornie,  George  Waenis  in  Davids- 
toun  and  Thomas  Dey  in  Aswanlie.  There  is  no  entry  on  15  January,  but  on  20  May 
Ca'der  entered  Waenis  and  protested  before  witnesses  that  he  be  freed  of  his  cautionary. 
(  Vide  also  5  July  p.  127  infra.} 

126 


Diet  Books:  Vol.  IX,,  Contents 

1620. 

Jany.  19.  Warding  in  Aberdeen.     James  Leslie  of  Drumdollo.     What  the  charge  against 

Leslie  was  is  not  disclosed,  but  he  had  evidently  been  in  "  the  Kingis  ward  hous."  On 
his  enacting  himself  to  pay  the  Sheriff  £1000  in  case  of  failure  to  re-enter  upon  ward  on 
I  May  following,  the  Sheriff  gave  him  liberty  provided  he  did  not  leave  the  burgh 
except  to  attend  the  Consistorie  Court  of  Old  Aberdeen  upon  his  lawful  affairs. 

Mch.  22.  Assault — Blood-drawing.     Andrew  Downie  in  Maynis  of  Kyntor,  charged  with 

assaulting  Wm.  Cowper  in  Bogheids.  Downie,  by  Alexr.  Spalding  his  procurator, 
pleaded  res  jitdicata,  in  respect  he  had  already  been  tried  and  acquitted  by  a  jury  in  the 
Baillie  Court  of  Kyntor,  and  offered  to  produce  the  Act  of  Court  on  condition  of  its 
being  delivered  up  again. 

23.  Copy  Inventory  and  Receipt  for  Title  Deeds.  Adam  Gordoun  of  Boigholl 
had  raised  an  action  for  exhibition  of  the  writs  of  the  lands  of  Sapphak  in  the  Parish  of 
Fyvie.  In  that  process  Mr.  Robert  Paip,  Advocate  had  produced  a  "banded  coffer," 
the  contents  of  which  were  ordained,  by  Decree  of  Exhibition  dated  the  previous  day,  to 
be  delivered  to  Adam  Gordoun,  as  heritable  proprietor  of  the  lands.  The  writs  were 
as  follows  : — I.  Contract  between  Mr.  Wm.  Meldrum  of  Haltoun  and  Alexr.  Gordoun, 
eldest  lawful  son  of  Sir  Thomas  Gordoun  of  Cluny  with  consent  of  John  Erskin  of 
Balhaggartie,  his  tutor,  dated  at  Clochorbie  I  June  1593.  2.  Charter  following  thereon 
in  favor  of  the  said  Alexr.  Gordoun,  of  same  date.  3.  Instrument  of  Sasine  following 
on  the  Charter,  dated  3  June  1593.  Notary  James  Murray.  4.  Charter  and  Disposi- 
tion by  the  said  Alexr.  Gordoun  to  George  Gordoun  of  Chappeltoun,  Jean  Gordoun,  his 
wife,  and  Wm.  Gordoun,  their  son,  dated  18  April  1605.  5.  Instrument  of  Sasine 
following  thereon,  dated  20  April  1605.  Notary  the  late  George  Clerk.  For  these 
Adam  Gordoun  gave  a  receipt  to  the  Sheriff  and  Sheriff  Clerk. 

May  9.  Manslaughter  and    Blood-drawing.      John  Meldrum,  for   whose   entry  Mr. 

Robert  Forbes  was  cautioner.  The  charges  were  for  the  slaughter  of  Alexr.  Duncane, 
elder,  in  Lytill  Fynnersie,  and  for  an  assault  upon  Thomas  Duncan,  servitor  to  the  said 
Alexr.  Duncane,  elder,  with  a  "  durk  "  in  the  arm.  (  Vide  p.  133  infea.) 

June  10.  Lawborrows.    Charles  Chalmer  in  Balbithan,  Robert  Chalmer  in  Tofthillis,  John 

Chalmer  there,  Alexr.  Chalmer  there,  Robt.  Gordoun  in  Tiiliangous  v.  Duncan  Elmslie 
in  Racheills,  George  Elmslie  in  Harthills,  Wm.  Elmslie  in  Fetter,  Andrew  Elmslie  in 
Wreittoun,  Adam  Watt  in  Netherbiging  of  Auchquhortes  and  John  Patersone  in  Thains- 
toun,  son-in-law  to  Duncan  Elmslie  et  e  contra.  Evidently  a  local  feud.  The  two  first 
named  on  each  side  for  themselves  and  the  others  were  bound  as  cautioners  under 
penalty  of  2OO  merks. 

JulyS-  Manslaughter.     James  Waenis.     Thomas  Dey  in  Aswanlie,  Wm.  Richardsone  in 

Auchbeigis  and  James  Gordone  in  Mains  of  Beldornie  became  cautioners  for  accused's 
appearance  on  1 5  days'  warning.  ( Vide  p.  1 26. ) 

26.  Removing.     Wm.  Hardie  in  Mekill  Haddo  v.  Alexr.  Blak  in  Newburghe.     The 

subjects  were  7  rigs  of  land  and  "sex  buttis  lyand  within  Amggettis  Law,"  and  ^  rigs 
in  the  Baukfauld  in  the  parish  of  Foveran.     One  notary  signed  for  those  who  could  not 
n  write  in  this  and  the  two  preceding  cases. 


12 


Aberdeenshire  Sheriff  Court: 

1620. 

Septr.  5.  Manslaughter.     Andrew  Currie  in  Ardfork  and  Gco.  Bruce,  servant  to  Andrew 

Meldrum  of  the  Muiris  of  Fywe.  The  charge  was  of  killing  Robert  Moidan  in  Kilnary 
upon  29  Augt.  Win.  Straquhan  in  Tarves,  as  procurator  for  Wm.  Forbes  of  Tolquhone, 
brought  the  accused  to  the  Sheriff  depute  "quha  acceptit  the  saids  personis  &  pat  thame 
in  suir  firmance  in  the  Irnes."  The  accused  were  tried  on  12  September,  the  widow  and 
brothers  of  the  deceased  being  the  accusers.  The  charge  was  "that  thai  or  ather  of 
them  had  slain  the  said  umquhill  Robert  with  ane  straik  of  their  feit  in  the  bellie."  A 
jury  of  19  were  empannelled,  who  unanimously  acquitted  Bruce  and  by  a  majority 
convicted  Currie.  A  cross  appears  opposite  the  names  of  two  jurors  who  might  have 
formed  the  minority.  The  sentence  is  not  written  in. 

Assault — Blood-drawing.  Alexr.  Findlater,  Litster,  bound  himself  under  pain 
of  ^100  to  appear  on  48  hours'  notice  to  answer  to  a  charge  of  this  kind. 

Octr.    3.  Letters  of  Caption.     Katheiine  Thornetoun  v.  Alexr.  Leslie  in  Kirkhill.     James 

Gareoche  in  Kinstair  bound  himself  under  pain  of  500  merks  to  enter  Leslie,  who  had 
been  apprehended,  in  the  chamber  of  John  Gordoun  of  Lytill  Gowill  between  9  and  10 
o'clock  next  day.  The  residence  of  the  Sheriff  is  thus  described  : — "John  Gordoun  his 
awin  Chalmer  in  the  hous  of  John  Touche  elder  burges  of  Abd.  lyand  on  the  west  syde 
of  the  Gallowgait  of  the  said  burghe."  On  the  margin  is  written  "4  October  1620 
This  Act  deleit  with  consent  of  the  pairteis  J.  G.  Sreff." 

6.  Lawborrows.     Wm.   Keyth   in  Auchronie,   Alexr.    Forbes   in    Lachintillie  and 

James  Mackie  in  Lytill  Endovie  el  e  contra.  The  penalty  for  breach  was  200  merks. 
The  cautioner  for  Forbes  and  Mackie  was  Patrick  Fouller  in  Drumnahethe,  while  John 
Keyth  in  Tertowie  became  cautioner  for  Wm.  Keyth. 

Novr.  17.  Curatory.      Annas  or  Agnes  Forbes,  lawful  daughter  of  John  Forbes  of  Bairnis. 

The  next  of  kin  called  were  Wm.  Forbes,  burgess  of  Abd.,  John  Leyth,  apparent  of 
Harthill,  George  Forbes  of  Skelliter,  and  Wm.  Leyth,  burgess  of  Abd.  With  consent 
of  her  father,  who  appeared  by  Wm.  Cordoner,  Advocate  in  Abd.,  his  procurator,  the 
minor  elected  the  said  Wm.  Forbes  and  John  Leyth,  who  became  cautioners  for  each 
other. 

Renunciation.  The  said  Annas  or  Agnes  Forbes.  With  consent  of  her  father 
and  her  curators  she  renounced  all  right  in  the  moveable  succession  of  her  late  brother 
german,  John  Forbes  of  Newtoun  of  Premnay,  or  which  she  might  be  entitled  to  by  the 
decease  of  his  children,  John  and  Susanna  Forbes,  and  that  in  favor  of  Niniane  Setoune 
in  Kirktoun  of  Bourtie,  the  testamentary  executor  of  her  brother. 

Renunciation.  Gilbert  Forbes,  lawful  son  of  John  Forbes  of  Bairnis.  This  entry 
is  mutatis  mutandis  in  terms  with  the  preceding  entry. 

July  i.  Nature  of  Action  not  disclosed.     Mr.  Win.  Forbes,  Sub-principal  of  the  King's 

Colledge  of  Auld  Abd.  v.  Allaster  and  John  Cliriche  in  Bithnie  and  Alexr.  Luncar  there. 
Defences  produced,  which  were  replied  to  on  July  4  and  interlocutor  pronounced  on 
July  5,  but  the  terms  of  it  are  not  given. 

5.  Nature  of  Action  not  disclosed.      James  Leslie  of  Drumdolo  z>.  James  Crich- 

toun  in  Comalegie.      Interlocutor  pronounced. 

128 


Diet  Books:  Vol.  IX.,  Contents 


1620. 

July   8.  Removing.      Isobel  Forbes,  Lady  Williamstoune  v.  John  Schand.     This  day  had 

been  fixed  for  the  Defender's  proof  and  for  him  to  find  caution  for  violent  profits,  but 
apparently  none  was  forthcoming  and  the  term  was  circumduced. 

Breach  of  Arrestment.  The  Procurator  Fiscal  and  John  Erskine  of  Balhagartie 
v.  Hector  Davidsoun  at  the  New  Mill  of  Knokallachie.  Proof  fixed  for  July  19. 

12.  Assaults  —  Blood-drawing.      James   Cruickschank   in   Knokleyth   and    Helen 

Thomsone,  his  wife.  The  former  was  charged  with  an  assault  upon  David  Ross 
in  Knokleyth'  in  May  preceding,  and  his  wife  with  assaulting  Elspet  Walker,  wife  of 
Wm.  Robertsone  in  Knokleyth  in  June  1618.  Both  were  acquitted  by  the  jury,  whose 
chancellor  was  George  Barclay  in  Badinscoth. 

Admission  of  Mair  depute.  Wm.  Abirnethie  in  Knokleyth.  Cautioner  Robert 
Dempster  of  Cushnie. 

14.  Murder.     Thomas  Allan  in  Saphak.     This  was  a  Justiciary  Court  held  by  John 

Gordoun  of  Ly  till  Gowill,  Sheriff  depute,  and  George  Setoun  of  Schethyne,  as  Justices 
depute  in  that  part  under  special  commission  dated  29  June.  The  charge  was  of  mur- 
dering John  Allan  at  the  Mill  of  Balheluie.  The  jury  by  a  majority  of  18  to  I  convicted, 
and  the  accused  was  sentenced  to  be  hanged. 

Crime  not  stated.  James  Andeisone.  The  following  is  the  whole  entry, 
"  The  said  day  the  Sref  deput  forsaid  ordanit  James  Andersone  to  be  hangit  &  put  to 
the  deathe  for  his  demereits.  " 

19.  Revocation  of  Deed  Granted  in  Minority.     Wm.  Leslie,  son  of  John  Leslie 

of  Karthine,  revoked  an  obligation  made  in  minority  to  his  brother  Francis  for  ^130 
less  or  more. 

26.  Assault  —  Blood-drawing.  Wm.  Tailzcour  in  Forvie  was  bound  to  appear  on 

August  10  under  pain  of  £100  to  be  tried  on  a  charge  of  assaulting  Wm.  P>inss  in 
Ennettis. 

29.  Fiars  Court.     There  were  two  Sheriffs  Depute  and  7  jurors. 

Augt.  12.  Assault—  Blood-drawing.     John  Troupe  in  Gilcomstoune.    The  accused  did  not 

appear  and  was  fined  ^50.  Alexr.  Davidsoune  in  Inverchat,  the  injured  party,  got  an 
award  of  ^10. 

Octr.  6.  Removing.     John  Hay  of  Cremondmogat  v.  George  Boyak.     Alexr.  Mylne,  Boat- 

wricht  in  Abd.  ,  was  cautioner  for  violent  profits. 

18.  Curatory.      Robert  Blakhall,   son  of  Wm.    Blakhall,   burgess  of  Abd.,   elected 

Alexr.  Blakhall,  Mailman,  burgess  of  Abd.  ,  to  be  his  sole  curator,  for  whom  the  minor's 
father  was  cautioner. 


21.  Assault  —  Blood-drawing.      Andrew  Ilendersone  was  amerced  in  a  fine  of 

and  £10  to  the  injured  party. 

Theft.       Elspet  Forbes,  being  convicted  of  several  charges  of  theft,  was  banished 
from  the  county  and  made  to  consent  to  be  drowned  without  trial  if  she  came  back. 

25.  Charge  not  stated.      Alexr.  Angous  at  the  Locheheid  became  bound  to  appear 

on  Novr.  2  under  penalty  of  ,£100. 
R  129 


Illustrative  Examples  taken  from  Vol.  IX.  of  Diet  Books 

I. 

Action  of  Removing— Procedure 

(3  June  1607) 

The  said  day  in  the  Actione  of  Removeing  perseuit  be  James  Forbes 
of  Lethintie  aganis  Peter  Hay  in  Fechill  and  Patrick  Annand  thair  Com- 
peirit  Mr  Alexr  Irving  and  Mr  Arthour  Wat  procuratours  for  the  persuer 
and  producit  ane  summonds  execute  to  this  day  aganis  the  said  defen- 
ders and  for  instructing  thairof  producit  ane  Warning  with  ane  Seising 
under  the  signe  &  subscription!!  of  Mr  John  Robertsone  Notary  and 
according  thairto  desyrit  Decreit  Ex  aduerso  compeirit  Mr  WTa  Reid 
procuratour  for  Patrick  Annand  and  Andrew  King  for  Peter  Hay  and 
desyrit  ane  day  to  gif  in  defenssis  to  quhome  the  Shreff  assignit  the  fyft 
of  Junii  instant  to  that  effect 

(5  June  1607) 

The  said  day Contenvis  the  ingewing  of  the 

saids  defenssis  to  the  xii  of  this  instant  with  consent  of  Mr  Alexr  Irving 
procuratour  for  the  persuer  Reid  et  King  procuratours  for  the  defenderis 

(12  June  1607) 

[Reid  et  King]  Compeirit  and  producit  the  saids  defenssis  in 
presens  of  Irving  procuratour  for  the  perseuer  acceptand  to  ansuer 
thairto  xvii  instant 

(17  June  1607) 

The  said  day The  Shreff  with  consent  of  the 

procuratours  for  the  pairteis  Contenvis  the  ingewing  of  the  saids  replyis 
to  the  xix  of  this  instant. 

(19  June  1607) 

The  said  day Compeirit  Irving  procuratour  for  the 

perseuer  and  producit  the  saids  replyis  in  wreit and  the 

Shreff  assignit  the  xxiii  of  Junii  instant  to  pronunce  interlocutour  in  the 
said  cans 

130 


Diet  Books :  Vol.  IX.,  Illustrative  Examples 

(23  June  1607) 

The  said  day  the  Shreff  contenvis  the  pronunciatioun  of  his  inter- 

locutour to  the  tuentie  fyft  day  of  Junii  instant     In 

presens  of  [the  procurators  are  named  here]  warnit  thairto. 

(25  June  1607) 

The  said  day The  perseuer  compeirand  be 

Maisteris  Alcxr  Irving  and  Arthour  Wat  his  procuratours  The  said 
Peter  Hay  be  Andrew  King  his  procuratour  and  the  said  Patrick  Annand 
and  Mr  Wa  Reid  his  procuratour  nocht  compeirand  this  day  The  Shreff 
deput  foirsaid  [Robert  Gareoche]  haueing  hard  sene  &  considderit  the 
persewars  libell  precept  of  warning  &  executionis  thairof  and  Seising 
producit,  defenssis  proponit  for  the  pairt  of  the  said  defenderis  ansueris 
replyis  maid  thairto  and  haill  proces  and  thairwith  being  ryplie  and  at 
lenthe  advysit  Repellit  the  haill  defenssis  proponit  for  the  pairt  of  the 
said  Peter  Hay  and  admittit  the  libell  with  the  last  reply  maid  to  the 
last  defence  to  the  persewars  probatioune  and  assignis  the  tent  day  of 
Julii  nixt  to  cum  to  the  said  persewer  to  preiwe  the  same  And  that  ilk 
day  to  the  said  Peter  to  set  Caution  for  the  violence  in  caice  of  evictioun 
with  certificatioune  in  caice  of  failzie  Decreit  of  Removeing  to  be  pro- 
nuncit  aganis  him  in  presens  of  the  said  Andrew  King  his  procuratour 
warnit  thairto  apud  acta  And  siclyk  Repellit  the  haill  defenssis  proponit 
for  the  pairt  of  the  said  Patrick  Annand  except  the  last  defence  beirand 
in  effect  that  he  hes  Set  and  Assedatione  of  the  lands  libellit  for  the  yeir 
contenit  in  the  libell  for  the  dewaty  thairin  contenit  maid  to  him  be 
umquhill  Wa  Forbes  of  Fechill  quha  haid  power  to  do  the  samen  quhilk 
the  Shreff  admittis  to  the  said  Patricks  probatione  Reserveand  contra 
producenda  and  assignis  the  said  tent  day  of  Julii  nixt  to  cum  to  preif 
the  samen  peremptourlie  and  that  ilk  day  to  set  cautione  for  the  violence 
in  caice  of  evictioune  with  certificatioune  as  said  is  and  ordanis  intima- 
tioune  to  be  maid  heirof  in  dew  tyme  to  the  said  Mr  Wa  Reid  procuratour 
for  the  said  Patrick  quhairupone  the  saids  procuratours  for  the  parteis 
took  act  of  court  &  instrument 

(10  July  1607) 

The  said  day In  the  terme  assignit  to  the  perseuer 

to  preif  his  libell  with  the  last  reply  proponit  be  him  [etc  as  in  preceding 
interlocutor]  Compeirit  the  persewar  with  Maisteris  Alexr  Irving  and 
Arthour  Wat  his  procuratours  and  producit  ane  summonds  execute 
quhair  intimatioune  was  maid  of  the  pronunciatioune  of  the  said  inter- 
locutour  to  the  said  Mr  Wm  Reid  procuratour  for  the  said  Patrick 
Annand  and  that  this  day  was  assignit  to  him  to  preif  the  said  excep- 
tioune  and  set  cautione  as  said  is  and  desyrit  the  dyat  to  be  satisfeit  Ex 


Aberdeenshire  Sheriff  Court: 

aduerso  Compeirit  the  said  Mr  Wm  procuratour  for  the  said  Patrick  and 
protestit  in  the  contrair  in  respect  as  he  alledgit  the  interlocutour  was 
nocht  pronuncit  in  his  presens  and  na  lauchful  intimatioune  was  maid  to 
him  of  the  assigning  of  the  terme  nor  yit  to  the  pairteis  adheirand  thairto 
desyrit  persewars  ayth  de  calumnia  gif  he  haid  just  cans  to  refuis  the  said 
exceptioune  quha  gaif  his  ayth  that  he  haid  just  caus  to  do  the  samen 
and  [Mr  Reid]  producit  ane  Assedatioune  maid  be  umquhill  Williame 
Forbes  of  Fechill  to  the  said  Patrick  of  the  lands  libellit  including  the 
yeir  of  the  warning  and  protestit  for  absoluitour  And  the  persewar  in 
the  contrair  protestit  for  condampnatour  &  for  decreit  of  Removeing  to 
be  pronuncit  aganis  him  in  respect  the  last  act  is  nocht  satisfeit  be  seting 
of  cautioune  for  the  violence  in  caice  of  evictioune  quhilk  protestatioune 
the  Shref  admittit  [and  ordained  Annand  to  remove  from  12  oxengait  of 
the  middle  third  of  Fechill  in  the  parish  of  Ellon]  And  siclyk  [there  was] 
producit  for  verefeing  of  the  said  libell  and  reply  aganis  the  said  Peter 
Hay  ane  discharge  maid  be  him  to  the  said  James  Forbes  of  Fechill  of 
ane  Assedatioune  maid  be  him  to  the  said  Peter  with  the  said  James 
Seising  of  the  lands  libellit  warning  &  executiounis  thairof  in  presens  of 
the  defender  &  Andrew  King  his  procuratour  quha  desyrit  ane  day  to 
obiect  contra  producta  to  quhome  the  Shref  assignit  the  xv  day  of  this 
instant  Julii  to  that  effect  and  that  ilk  day  to  set  cautioune  for  the  vio- 
lence in  caice  of  evictioune  with  ccrtificatioune  decreit  to  be  pronuncit 
aganis  him  Quairupone  the  perseuer  askit  &  tuik  Act  of  Court  & 
instrument 

(no  farther  entry) 

II. 
Delegation  of  the  Office  of  Tutor 

(4  June  1607) 

The  said  day  Williame  Forbes  tutor  to  Jonet  Forbes  pupill  lauchfull 
bairne  of  urnquhill  Alexr  Forbes  of  Bredhauche  Being  of  intentione  to 
travell  alsweill  in  this  realme  as  in  forein  cuntreyis  as  he  hes  bene 
accustomit  in  tyme  bypast  And  in  respect  Williame  Forbes  his  father  is 
becum  cautioner  for  him  de  fideli  administratione  in  the  Tutorie  forsaid 
and  for  utheris  caussis  moveing  him  Gewis  full  power  to  the  said  Williame 
his  father  to  enterteine  the  said  Jonet  pupill  in  meat  &  claith  during  the 
tyme  of  his  said  tutorie  he  being  on  lyff  one  the  brokis  and  profeittis  of 
hir  awin  geir  to  be  allowit  to  him  in  the  first  pairt  thairof  according  to 
her  rank  birthe  and  estait  And  als  gewis  full  pouer  and  libertie  to  the 
said  Williame  Forbes  his  father  as  guidsir  to  the  said  pupill  to  uptak  lift 
&  receaue  the  haill  sowmes  contends  of  actis  contractis  obliatiounis 


Diet  Books :  Vol.  IX.,  Illustrative  Examples 

cornis  cattell  hors  nolt  scheip  insicht  outsicht  plenissing  and  all  utheris 
moveabills  and  debtis  pertaining  to  the  said  pupill  and  that  fell  to  hir  be 
deceis  of  hir  umquhill  father  and  mother  And  als  to  uptak  the  maills  & 
dewateis  of  quhatsumeuir  wodsettis  hir  said  umquhill  father  &  mother 
haid  the  tyme  of  thair  said  deceis  that  fell  thairby  to  the  said  pupill  and 
sowmes  of  monie  one  the  saids  wodsettis  thairone  acquittancis  &  dis- 
chairgis  to  gif  as  he  micht  haue  done  as  tutor  to  hir  befor  the  making 
heirof  during  the  haill  tyme  of  the  said  Tutorie  becaus  the  said  guidsir 
may  bettir  attend  thairone  than  the  said  tutor  himselff  And  gif  it  sail 
happin  the  said  Williame  Forbes  of  Pofluge  to  depairt  this  present  lyff 
befor  the  expyring  of  the  said  Tutorie  it  sail  nocht  be  lessum  to  the  said 
Williame  Forbes  tutor  forsaid  to  mell  withe  ony  of  the  saids  pupills  geir 
lands  wodsettis  or  profeitis  thairof  quhill  he  first  set  sufficient  cautiouners 
be  the  sicht  of  (illegible)  Cultis  fear  of  Auchtercoull  and  Robert  Forbes 
of  Inver  coniunctly  that  the  same  sail  be  furthcumand  to  the  pupill  as 
law  will  And  that  the  said  Williame  Forbes  of  Pofluge  his  airis  maill 
and  assignais  be  harmeles  and  skaithles  of  the  samen  intromissione  at  the 
hands  of  the  said  pupill  hir  airis  and  assignais  Reserveand  alwayis  to 
the  said  tutor  compt  rekoning  and  payment  of  the  superplus  of  the  saids 
pupills  rentis  by  and  attour  hir  awin  sustentatioune  to  be  allowit  as  said 
is  Quhairupone  the  saids  Wm  Forbes  elder  and  Wm  Forbes  younger 
tuik  act  of  Court  &  instrument 

III. 
Trial  for  Manslaughter  and  Assault 

(9  May  1620) 

Compeirit  Johne  Meldrum  with  Mr  Robert  Forbes  his  cautioner  and 
enterit  upone  pannell  and  in  respect  of  his  entrie  the  said  Mr  Robert 
protestit  he  sould  be  frie  of  his  cautionarie  The  said  Johne  being  upone 
pannell  and  accusit  for  the  slauchter  of  umquhill  Alexr  Duncane  sone  to 
Alexr  Duncane  elder  in  Lytill  Fynnersie  denyit  the  samen  and  that  he 
was  nawayes  nar  hand  him  airt  nor  pairt  thairof  And  being  accusit  for 
the  hurting  wonding  &  bluid  drawing  of  Thomas  Duncane  seruitour  to 
the  said  Alexr  Duncane  elder  confessit  the  samen  Compeirit  Mr  Wa 
Barclay  younger  procuratour  for  the  said  Alexr  with  the  said  Alexr 
lyikwayes  present  at  the  bar  and  tuik  instrument  upone  the  declaratione 
and  confessioun  of  the  said  Johne  concerning  the  bluid  drawing  of  the 
said  Thomas  Duncane  committit  be  him  at  the  tyme  of  the  said  slauchter 
Siclyik  compeirit  the  said  Mr  Wa  procuratour  as  said  is  and  alledgit  that 
the  pairtie  is  citat  to  compeir  befoir  the  Justice  Generall  or  his  deputes 
to  the  twentie  ane  day  of  Junii  nixt  to  underly  the  law  for  the  alledgit 

133 


Aberdeenshire  Sheriff  Court 

slauchter  committit  be  him  and  thairfoir  na  proces  at  the  instance  of  the 
procuratour  [?  Fiscal]  aganis  the  said  Johne  Lyik  as  the  said  Alexr  Dun- 
cane  elder  being  present  with  his  said  procuratour  alluterlie  disassentis 
to  this  judgement  [?  seat]  Compeirit  Mr  Wa  Ray  Procuratour  Fiscall 
and  acceptit  the  compeirance  of  the  said  Alexr  Duncane  &  requerit  him 
to  insist  and  to  giwe  in  ane  bill  of  assyis  And  adheirand  thairto  anserit 
that  the  alledgance  aucht  to  be  repellit  as  irrelivant  newir  qualefeing  that 
Johne  Meldrum  present  and  pannellit  was  chairgit  lauchfullie  be  wertew 
of  our  Souerane  Lords  letteris  to  underly  the  law  at  the  day  aboue  spcci- 
feit  befoir  the  citatione  raisit  and  execute  in  dew  tyme  within  twentie 
four  hours  nixt  eftir  the  committing  of  the  alledgit  slauchter  In  respect 
of  the  quhilk  citatione  lauchfullie  &  in  dew  tyme  maid  be  the  Shrefis 
precept  the  said  chairge  gevin  be  wertew  of  our  Souerane  Lords  [letters] 
can  not  stay  nor  impeid  the  Shref  to  put  the  said  actione  to  the  tryall  of 
ane  assyis  And  the  Shref  nochtwithstanding  of  the  alledgance  remittit 
the  tryall  of  the  said  cryme  to  the  personis  of  Assyis  in  respect  thair  was 
na  letteris  of  Advocatioun  producit  and  that  the  said  Alexr  elder  refuisit 
to  insist  and  to  give  in  ane  bill  of  Assyis  being  personalie  at  the  bar  In 
respect  of  the  summonds  producit  this  day  being  execute  within  twentie 
four  hours  nixt  eftir  the  committing  of  the  said  fact  befoir  ony  letteris 
raisit  befoir  the  said  Justice  Generall  or  executiones  thairof 

Nomina  Assise 

Alexr  Thome  in  Mylneboy  Jon  Liddell  thair 

Patrik  Fouller  in  Drumnahethe         Gilbert  Abirdour  in  Culquhorsie 
Jon  Fouller  in  Furdtoun  James  Walker  in  Brumhill  of  Echt 

Paull  Fouller  in  Leyludge  Alexr  Smyth  in  Kirktoun  of  Echt 

Alexr  Chopmane  in  Waster  Echt     James  Gawane  thair 
James  Liddell  in  the  Maines  of  Echt 
Alexr  Baine  in  Tillioche 
George  Mackie  thair 
Thomas  Patersone  in  Sonehunie 
Arthour  Chrystie  in  Lytill  Fynnersie 

The  haill  Assyis  in  ane  voce  be  the  mouthe  of  the  said  Alexr  Thome 
thair  chancellar  absoluis  the  said  Johne  Meldrum  fra  the  slauchter  of  the 
said  umquhill  Alexr  Duncane  airt  or  pairt  thairof  and  convictis  the  said 
Johne  for  the  hurting  wonding  and  bluid  drawing  of  the  said  Thomas 
Duncane  with  ane  durk  in  the  arme 

The  said  Mr  Wa  Barclay  procuratour  for  the  said  Alexr  Duncane 
elder  protestit  for  nullitie  of  proces  remeid  of  law  reductioun  and  vilfull 
errour  aganis  the  Assysoris 

The  Shref  amerciatis  the  said  Johne  in  the  sowme  of  fiftie  punds  and 
fywe  punds  to  the  pairtie  J.G.  Sref. 


The  Minute  Books  of  Judicial  Enactments 
VoL  IL,  J  608-14 

This  volume  was  obviously  begun  when  Vol.  I.  of  this  series  was 
finished.  It  consists  of  326  closely  written  pages,  the  first  legible  date 
being  15  July  1608,  and  the  last  I  March  1614.  The  fly  leaves  and 
another  leaf  or  two  may  be  awanting  at  the  beginning,  and  about  20 
leaves  at  the  end  have  been  so  very  baldy  damaged  by  damp  as  to  be  to 
a  large  extent  illegible.  The  general  character  of  the  entries  is  the  same 
as  in  Vol.  I.  of  this  series  ;  but  signatures  are  much  more  numerous. 
Two  cases  of  Notarial  subscription  have  been  noticed.  In  the  earlier  of 
these  on  24  January  1610  George  Barroun  and  Mr.  William  Chalmer, 
Notaries  public,  signed  for  a  widow  who  could  not  write  ;  but  there  were 
no  witnesses.  The  Notarial  docquet  of  Barroun  was  in  these  terms  "  Ita 
est  Georgius  Barroun  Notarius  publicus  de  speciali  mandate  dicte 
Margarete  Annand  scribere  nescientis  ut  asseruit,"  and  that  of  Mr. 
Chalmer  was  identical  with  it.  In  the  second  instance,  on  3 1  October 
1611,  when  David  Hay  in  Bogheids  of  Fyvye  and  John  Watsone  in 
Blakfuird,  two  of  the  parties  appearing  to  enact  themselves,  could  not 
write,  there  was  prefixed  to  the  notarial  docquets  the  following  words  : — 
"  David  Hay  and  Johne  Watsone  foirsaid  with  our  hands  at  the  pen  led 
be  the  Notars  underwritten  at  our  commands  becaus  we  can  nocht  wreit 
ourselffs."  Four  witnesses  also  subscribed  the  entry. 


'35 


Table  of  Contents  of  Vol.  II.  of  Minute  Books  of 
Judicial  Enactments 

1608. 

July  15.  Loosings  of  Arrestments.     Bessie  Gordoun.  liferenlrix  of  the  lands  of  Tulloch, 

and  Robert  Gordoun  z'.  Janet  Seytoune,  Ladie  Forbes  and  her  tenants.  Peats  in  the 
Moss  of  Tulloch.  Cautioner  John  Collison  of  Auchlunies. 

1 6.  James  Gardyn  of  Blakfeord  v.  John  Meldrum  in  Blakfeord.     Cautioner  George 

Setoune  at  the  Myll  of  Saphak. 

27.  George  and  Gilbert  Huddoun  in  Leslie  v.  Isobell  Scot,  widow  of  Henry  Huddoun 
in  Abd.     The  widow  was  said  to  be  detaining  certain  effects  claimed  as  belonging  to  the 
Pursuers  and  to  the  late  Janet  Huddoun,  Henry's  daughter.     Cautioner  George  Lang, 
burgess  of  Abd. 

28.  Assault— Blood-drawing.     The  Crown  v.  George  and  Wm.  Smith,  burgesses  of 
Inverurie,    who   were    cited    to   appear   on    10   August    on    a    charge   of   wounding 
and  blood-drawing  of  Wm.  Lyone  in  Hilbrey.     Cautioner  James  Beingzie  in  Inverurie. 

30.  Loosings  of  Arrestments.     George  Gain  [Gavin]  at  the  Mylne  of  Allathein  v. 

Thomas  Robertsonc  in  Boddemes  and  Patrick  Richie  there.  The  pursuer  had  arrested 
in  security  of  a  claim  for  having  been  ejected  from  Boddemes.  Cautioner  Walter  Bodie 
in  Ardiffrc. 

Mr.  Thomas  Nicolsone,  Commissary  of  Abd.  v.  Adam  Gordoun  and  John  Leith, 
portioners  of  Boigholl.  Crops  sown  and  peats,  &c.  cast  on  the  Hill  of  Drumnagair. 
Cautioner  George  Lang,  burgess  of  Abd. 

Augt.  2.  Adam  Gordoun  and  John  Leith,  portioners  of  Boigholl  v.  Tenants  of  Kinmondy. 

Crop  sown  and  peats,  &c.  cast  upon  part  of  Durla  Moss.  Cautioner  James  Meingzes, 
burgess  of  Abd. 

5.  Commission  from  Court  of  Session.  —Oath  de  fideli.  James  Mowat  and  Mr. 
Robert  Davidsone,  Advocates  in  Abd.,  who  had  a  Commission  from  the  Supreme  Court 
as  "  deligatis,"  and  Sheriffs  of  Kincardine  in  that  part,  to  cognosce  upon  the  marches  of 
Portlathin  and  Balquharne  belonging  to  Wm.  Forbes  of  Portlathin  on  the  one  part  and 
the  lands  of  [illegible]  belonging  to  James  Blindschell  on  the  other  part,  all  in  the  parish 
of  Banchory  Devenick,  took  the  oath  de  fideli  before  the  Sheriff  depute  at  Aberdeen. 

8.  Loosings  of  Arrestments.     John  Mar  in  Nethermure  v.  Wm.  Fraser  in  Auch- 

maleidie.     Claim  for  a  loan  of  41  merks.     Cautioner  Wm.  Youngsone  in  Auchmaleidie. 

10.  John  Fergussone,  burgess  of  Abd.  v.  James  Banerman  in  Abd.     Cautioner  Patrick 

Annand  in  Ortchertoune. 

136 


Judicial  Enactments :  Vol.  IL,  Contents 

1608. 

Augt.  10.  Loosing  of  Arrestment.      Alexr.  Cuming  of  Culler  v.  James  Kilruiff  in  Auld- 

fauld  and  John  Watsone  there.  Peats  cast  "in  the  Tolspeit  myris  of  Auldfauld." 
Cautioner  John  Carny,  burgess  of  Abd. 

Renunciation  and  Discharge.  Annas  Lorimer,  wife  of  John  Fraser,  portioner 
of  with  his  consent  renounced  her  rights  in  the  Quarter  lands  of  Mamewlauche, 

teind  sheaves  thereof,  &c.,  in  favor  of  Alexander  Murray  [designation  illegible]. 

5.  Renunciation  and  Discharge.     Christian  Gordoun,  wife  of  Gilbert  Chalmer  in 

[?]  Braikley,  renounced  any  right  she  had  in  the  lands  of  Klinkenwallis,  otherwise 
Ardsowis  or  Hilbeey  in  the  Barony  of  Methlik  in  favor  of  the  "  richt  honorabill  George 
Gordoun  fiar  of  Haddo." 

17.           Loosings  of  Arrestments.  Beatrix  Fraser,  widow  of  Thomas  Muidey  v.  John 

and  Robert  Muidey  in  Corskellie.  The  defenders  were  said  to  have  intromitted  with 

the  late  Thomas  Muidey's  estate.  John  Tarves,  occupier  of  eight  oxcngait  of  Tulikiric, 
was  cautioner. 

Patrick  Buter  v.  Wm.  Luches  in  Torieleithe,  James  Leuches  there  and  Mr.  Win. 
Schein  in  Meles.  Peats,  &c.,  in  the  Moss  of  Elrick.  Cautioner  Wm.  Logic,  burgess 
of  Abd. 

23.  Win.  Irving  of  Murthill  v.  Nicoll  and  Allan  Ross  in  Tarlen  and  John  Reid  there. 

Cautioner  Patrick  Davidsone,  burgess  of  Abd. 

Gilbert  Meingzes  of  Petfoddellls  v.  Alexr.  Rutherford,  Provost  of  Abd.  The  corns 
sown  by  Rutherford  and  his  tenants  upon  the  bounds  of  Gilcolmstone  "  and  in  speciall 
on  that  pairt  thereof  callit  the  Threipfeilds  lyand  upone  the  Wast  syd  of  the  Garden  Well 
and  North  syd  of  the  Den  Burne  of  Gilcolmstone  ascending  up  the  said  Burne  as  the 
same  rynnis  to  the  Corbenest."  Cautioner  James  Brabner,  burgess  of  Abd.1 

29.  Thomas  Kellie,  Baxter  in  Abd.  v.  Robt.  Symsone  in  Gilcolmstone.    The  Defender 
was  said  to  have  wrongly  intromitted  with  a  seven  year  old  horse  of  Kellie's,  worth  50 
merks.     Cautioner  John  Barker,  burgess  of  Abd. 

John  Edwart  in  Asheogill  v.  Robert  Symsone  in  Hiltoune  of  Asheogill  and  Andrew 
Symsone,  his  father.  Defenders  were  said  to  be  intromitters  with  the  effects  of  the  late 
Barbara  Edwart,  Pursuer's  sister.  Cautioner  David  Symsone,  Saddler  in  Abd. 

30.  Robert  Symsone  in  Gilcolmstone  and  Gilbert  Meingzes  of  Petfoddellis  v.  Thomas 
Kellie,  Baxter  in  Abd.     Symsone  was  charging  Kellie  with  wrongfully  intromitting  with 
sheep  belonging  to  him,  and  Meingzes  alleged  a  claim  for  rent,  in  security  of  which  the 
crop  sown  by  Kellie  upon  "  the  cruikit  myris  and  outfaldeis  of  Gilcolmstone  "  had  been 
arrested.     Cautioner  Alexr.  Thome  in  [illegible]. 

I  Provost   Rutherford  was  proprietor  of  Northfield  at  this  period. — Mr.   A.    M.   Munro's 
Piovosts  of  Abd.,  p.    115. 

s  137 


Aberdeenshire  Sheriff  Court: 

1608. 

Septr.  8.  Loosing  of  Arrestment.     Wm.  Irving  of  Murthill  v.  John  Strauchane  in  Baires- 

hill  and  David  Baxter  &  Alexander  Meanie  in  Contla  v.  the  said  John  Strauchane. 
Irving's  arrestment  was  of  the  peats,  corn,  &c.,  cast  and  sown  upon  "the  greines  of 
Eilstoun  and  Muir  of  Bingwall,"  while  Baxter  &  Meanie  alleged  against  Strauchane 
the  spoliation  of  their  sheep.  Cautioner  John  Carnie  (not  designed). 

Discharge,  Delivery  of  Title  Deeds,  &c.  George  Craufurd  of  Annachie  in 
favor  of  John  Gordone,  eldest  lawful  son  of  the  late  James  Gordone  of  Barrak.  Crau- 
furd (First)  judicially  acknowledged  receipt  of  (i)  a  Charter  granted  by  the  late  James 
Gordone  of  Haddo  to  the  late  Patrick  Gordone  in  Barrak,  of  the  lands  of  Eister  Barrak, 
dated  at  Kellie  10  April  1584;  (2)  Charter  of  Confirmation  by  John,  Lord  Erskein, 
Earl  of  Mar,  dated  at  Edinburgh  27  May  1589 ;  (3)  Precept  of  Clare  Constat  by  John, 
Earl  of  Mar,  in  favor  of  James  Gordone,  as  heir  to  Patrick  Gordone,  dated  at  Tarnewall 
25  October  1590  ;  (4)  Instrument  of  Sasine  in  favor  of  James  Gordone,  dated  5  January 
1590-1.  Notary  Wm.  T^-k.  (Second)  Craufurd  discharged  Gordorc  of  all  action  of  evic- 
tion, spuilzie,  violence  or  other  deed  of  wrong  which  he  could  lay  to  his  charge  and 
bound  himself  to  pay  2000  merks  before  he  "proces"  against  him. 

Renunciation  and  Discharge.  Christian  Eraser,  wife  of  Wm.  Irving  of  Beltie 
and  daughter  of  Thomas  Eraser  of  Durris  in  favor  of  Alcxr.  Irving  of  Drum.  A  com- 
mission having  been  granted  to  James  Burnet  of  Craigour  and  Mr.  Robert  Davidsone, 
Notary  Public,  as  Sheriff  depute  and  Sheriff  Clerk  depute  in  that  part  respectively,  it 
was  taken  at  Eister  Beltie  on  3  Septr.,  and  reported  of  this  date.  The  lady  renounced 
in  favor  of  the  laird  of  Drum  her  rights  to  "  Hyrne  and  Drumchrcine,  Mylne  of  Hryne," 
&c.,  in  the  parish  of  Banchory  Ternan  and  County  of  Kincardine.  She  also  renounced 
a  marriage  contract  provision  of  Jcoo  merks  and  all  her  legal  rights  on  her  husband's 
death,  while  she  accepted  in  full  satisfaction  of  these  and  all  her  claims,  the  liferent  of 
"Eister  Beltie,  Hill  of  Beltie,  Mylne  of  Beltie,  Mylne  lands  &  Multuris  thairof  and 
lands  of  Auchinsley." 

10.  Loosings  of  Arrestments.    John  Eraser  of  Clyntertie  and  Thomas  Sma  in  Kyntor 

rr.  James  Myll,  sometime  at  Blakburne.  The  claim  was  for  leaving  the  Croft  at  Blak- 
burne  before  the  term  and  for  past  due  rent.  Cautioner  David  Andersone  in  Mains. 

14.  Alexr.  Eraser  in  Brothcrfield  v.  James  Brabner,  burgess  of  Abd.     The  crop  some- 

time belonging  to  John  Orum  in  Rubislaw  had  been  taken  possession  of  by  Brabner, 
while  Eraser  claimed  that  it  had  been  disponed  to  him.  Cautioner  Alcxr.  Brabner, 
burgess  of  Abd. 

16.  Mr.  Robert  Lumisden  of  Auchinlek  v.  David  Fynnie,  then  in  Altrie.     Cautioner 

Robert  Keyth  of  Auldmad. 

24.  Margaret  Mclntoshe  and  William  Sutherland  of  Duffus,  her  husband,  i<.  Alexr. 

Forbes  of  Colqueiche.  It  does  not  appear  what  the  claim  here  was ;  but  a  written 
Obligation,  with  clause  of  relief  dated  18  Septr.,  was  produced  by  Mr.  Robert 
Paip,  as  procurator  for  Alexr.  Forbes  of  Towie,  the  cautioner. 

138 


Judicial  Enactments:  Vol.  IL,  Contents 

1608. 

Sept.  23.  Loosings  of  Arrestments.    John  Forbes  of  Petsligo  and  his  tenants  of  Bannamone, 

Keak,  Carnequhyne  and  Cowboig  and  Win.    Irving  of  Murlhell  v.  Alexr.   Irving  of 
Drum  and  Davidsone  in  Corsgicht.     Forbes'  arrestment  was  against  the  Laird 

of  Drum   and    his  tenants  of  Grissehill,   Brownhill   and  Bomakellie,   while  William 
Irving's  referred  to  a  part  of  Allathen.     Cautioner  Patrick  Davidsone,  burgess  of  Abd. 

•  Alexr.   Alshioner  in  Kirktoun  of  Echt  v.  Donald  Gordone  in  Kirktoun  of  Echt. 
Cautioner  Matthew  Youngsone,  burgess  of  Abd. 

Alexr.  Abircrombie  of  Pitmedden  r.  James  Leslie  in  Buchanstoune.  Cautioner 
Alexr.  Seingzcour,  burgess  of  Abd. 

Mr.  Wm.  Forbes  of  Mainy  v.  Wm.  Merser  in  Sonnahard.  Forbes  claimed  from 
Merser  certain  rents  and  others  for  "  twa  pleuchis  land  of  Carnculie."  Cautioner 
Alexr.  Blakhall,  mailman  in  Abd.  [Signature  cancelled]. 

26.  The  same  v.  the  same.     Apparently  the  same  claim.     Cautioner  Duncan  Blakhall 

in  Sleipiehillok. 

Octr.     I.  Gilbert  Scherar,  burgess  of  Abd.,  v.  George  Ogilvie,  flesher  there.     The  claim  was 

for  £20,  the  price  of  an  ox  said  to  have  strayed  and  been  "houndit"  away  by  Ogilvie's 
"doigis."     Cautioner  Wm.  Blackball,  mailman,  burgess  of  Abd. 

Alexr.  Fraser  of  Forrest  v.  John  Murres,  Andrew  Innes,  and  others,  occupiers  of 
Stethlie  [?  Strathellie]  in  the  parish  of  Relhin,  and  Patrick  Chalmer  at  the  Mylne  of 
Strechin  and  another,  occupiers  of  the  lands  of  Strechin.  Corn  sown  "upon  the  South 
syd  of  the  Hill  of  Mormond  and  West  newk  thairof  besyd  lhal  pairt  of  the  samen  hill 
callit  Slauriehill  and  on  the  West  syd  of  the  said  Stauriehill."  Cautioner  Thomas 
Burnet,  burgess  of  Abd. 

4.  James,  Earl  of  Murray,  v.  Wm.  Cruickshank  in  the  Seatis  and  Alexr.  Symmer  in 
Lairshill.     Corn  sown  upon  the  "  South  and  West  syd  of  the  Reid  burne."     Caulioner 
Win.  Setoune  of  Disblair. 

5.  William,  Jean,  Agnes,   Margaret  and  Cristiane  Hay,  lawful  children  of  ihe  lale 
Andrew  Hay  in  Crcmond  Gorthe,  v.  John  Meldrum  at  the  Mylne  of  Sauphak.     The 
complaint  here  was  that  Meldrum  had  wrongously  intromitted  with  the  effects  of  Ihe 
late   Alexander   Keyth   of  Carnes  and   Annas   Keylh,   his   wife.      Caulioner   Alexr. 
Meldrum  in  Auld  Craig. 

6.  George  Gordoune  of  Terpersie  v.  Thomas  Allardes  in  Bruklis.     Claim  for  renl  of 
the  sunny  half  lands  of  Bruklis  crop  1608.     Cautioner  Win.  Barclay  in  Pitdoulsie. 

7.  The  Provost,  Baillies  and  Council  of  Abd.  v.  Gilbert  Menzeis  of  Petfoddellis  and 
Robert  Symsone  his  tenanl  in  Gelkquhomstoune.       Corns  "  upon  Ihe  Southe  syid  of 
the  fauld  callit  the  Theifis  fauld  of  Gelkquhomstowne."      Cautioner  James  Menzeis, 
burgess  of  Abd. 

139 


Aberdeenshire  Sheriff  Court: 

1608. 

Octr.    8.  Loosings  of  Arrestments.     Gilbert:  Wass.  sometime  in  Cullis,  v.  Wm.   Mylne 

in  Cultis.     Cautioner  John  Carnie,  burgess  of  Abd. 

11.  Mr  James  Forbes  of  Woodland  v.  Mr.  Robert  Maitland  of  Auchincreiff  and  David 
Straquhan  his  tenant  of  Afflek.      Corn  crop  growing  upon  Afflek,  described  as  situated 
in  the  parishes  of  Ellon  and  Tarves  or  Chrystis  Kirk,  shorn  and  unshorn.     Cautioner 
Peter  Maitland,  burgess  of  Abd. 

12.  James,  Earl  of  Murray  v.  Wm.   Ray  in  Toux.       Corn  crop  on  the  South  and 
West   side   of    the    "  Reid   burne   of  Fintray."        Cautioner    James    Jhonstoune    of 
Baudindauche. 

William  Forbes  of  Thornetowne  v.  Wm.  Setoun  of  Blair.  Crop  sown  by  Setoun 
and  his  tenants  on  that  part  of  Blair  "  callit  the  Bodfeild."  Cautioner  Alexr.  Pantoune, 
Portioner  of  New  Rane. 

13.  John  Leslie  of  Wardes  v.  James  Merstowne  and  Janet  Forbes,  widow  of  Wm. 
Farquhar,  both  tenants  of  Auquhorsk  under  John  Leslie  of  Petcapill ;  also  John  Leslie 
of  Flinderis  v.  the  same  parties.      The  part  of  the  lands  of  Auquhorsk  in  the  parish  of 
"One"  on  which  crop  was  arrested  was  called    "  Neddermyir  [or  Middermyir]  and 
Fauldheids."     Cautioner  Alexr.  Farquhar  in  Auquhorsk. 

Leslie  of  Wardes  and  Leslie  of  Flinderis  v.  Alexr.  and  Walter  Farquhar  in 
Auquhorsk.  In  this  case  the  Farquhars  are  described  as  occupiers  of  Auquhorsk  under 
James  Mortymer  of  Craigiwar.  The  places  are  named  as  in  the  foregoing  entry. 
Cautioner  James  Merstowne  in  Auquhorsk. 

22.  Alexr.  Cuming  of  Culler  v.   Robert  Forfar  in  Bingzell.     Peats  on  the  lands  of 

Bingzell.     Cautioner  Patrick  Forfar,  burgess  of  Abd. 

Alexr.  Banerman  of  Wattertowne  and  John  Innes  of  Elrick  v.  James  Craigmyill  in 
[illegible]  and  Janet  Ogstowne,  widow  of  Robert  Craigmyill  at  the  Mylne  of  Mekill 
Elrick.  Cautioner  John  Kynneir,  burgess  of  Abd. 

Novr.  IO.  Wm.  Lindsay  in  Bredfuird  of  Auchlevin  v.  John  Leythe  and  John  Davidsone  in 

Edingerrak.     Lindsay's  claim  was  for  having  been  evicted  from  Edingenak  by  Leythe 
and  Davidsone.     Cautioner  John  Leythe,  burgess  of  Abd. 

II.  Witchcraft.      The  Crown?;.  Agnes  Chapman  in  Finzeis.     Alexander  Findlay  in 

Finzeis  bound  himself  that  the  accused  should  appear  on  23  Novr.,  to  be  tried  for  the 
alleged  "  wiching  of  umquhill  Cristian  Fraser,  sumtyme  Ladie  Meldrum." 

Procuratory.  Margaret  Blakhall,  only  daughter  and  apparent  heir  of  the  late 
Wm.  Blakhall  of  that  Ilk,  with  consent  of  Mr.  Andrew  Mortoun,  Minister  of  Fowllis, 
her  husband,  appointed  Mr.  Robert  Paip,  Mr.  William  Barclay,  and  Mr.  John  Leythe, 
all  Advocates  in  Aberdeen,  to  be  her  procurators  for  obtaining  her  served  heir  to  her 
father  by  either  special  or  general  service. 

140 


Judicial  Enactments :  Vol.  IL,  Contents 

1608. 

Novr.  12.  Loosings  of  Arrestments.      James   Forbes  of  Lethintie   v.    Andrew    Ross   in 

Fechill.  Claim  for  past  due  rent  of  Fechill.  Cautioner  Walter  Buchane  in  Ard- 
lethin. 

James,  Earl  of  Murray,  and  John  Gordone  in  Wester  Fintray,  v.  John  Wod  at  the 
Mylne  of  Fintray.  Peats,  &c.,  alleged  to  be  within  the  bounds  of  Wester  Fintray. 
Cautioner  James  Gordone  of  Breakay. 

14.  John  Hay  of  Knappisleisk  v.  Robert  Cuming,  sometime  in  Knappisleisk,  then  at 

Mylne  of  Wass  Birness.  Claim  for  past  due  rent.  Cautioner  Alexander  Cuming, 
burgess  of  Abd. 

Renunciation  and  Discharge.  John  Gordone  in  Tombeig  and  Elspet  Irving  his 
wife  in  favor  of  John  Gordone  in  Inzeane.  John  Gordone  in  Inzeane,  who  was  father 
of  John  Gordon  in  Tombeig,  had  provided  for  the  payment  to  his  son  and  daughter-in- 
law  of  1000  merks  at  his  death.  This  provision  was  now  renounced  and  discharged, 
the  young  people  agreeing  to  accept  whatever  the  elder  man  should  either  give  or 
leave  to  them. 

1 6.  Renunciation  and  Discharge.      Marjorie  Elphingstoune,  wife  of  Walter  Inncs 

of  Ardtaneis,  renounced  her  terce  of  Ardtaneis,  reserving  her  conjunct  fee  and  life- 
rent  of  the  Mill,  Croftis  and  others  contained  in  the  infeftment  made  to  her  husband 
and  her  by  the  Laird  of  Wardres. 

19.  Loosings    of   Arrestments.      Thomas   Gordone   in   Mylne   of  Dess   v.  James 

Davidsone  in  Kincardyne.  Certain  debts  were  alleged  as  the  cause  of  this  arrestment. 
Cautioner  John  Gordone  of  Tilliquhodie. 

Mr.  Alexr.  Cheyne  in  Auld  Abd.  v.  John  Mylne  in  Chapeltoune.  Cheyne,  alleging 
himself  to  be  legator  of  the  late  Dame  Helenor  Bruce,  Lady  Essilmont,  claimed  teind 
victuall  from  Mylne.  Cautioner  Arthur  Pantoune  in  Allathein. 

22.  Renunciation  and  Discharge.  Isobell  Leslie,  wife  of  Patrick  Leslie  of  Chepel- 
toune,  renounced  in  favor  of  George  Leslie  of  that  Ilk,  all  right  or  claim  she  might 
have  to  any  part  of  the  "  landis  or  leiwing"  of  the  Barony  of  Leslie,  and  specially 
eight  oxengait  of  Auld  Leslie  "callit  the  eist  pleuche  "  thereof.  Certain  reservations 
were  made,  and  a  reference  was  introduced  to  a  Contract  between  the  parties  signed  on 
previous  day. 

Renunciation  and  Discharge.  Margaret  [Her]vie,  wife  of  Bartholl  Leslie  of 
Chepeltoune,  granted  in  favor  of  George  Leslie  a  renunciation  similar  to  the  imme- 
diately preceding  entry  ;  but  the  special  renunciation  was  of  the  lady's  rights  to  the 
Corn  Mill  of  Leslie,  &c. 

141 


Aberdeenshire  Sheriff  Court  t 

1608. 

Dec.  1 6.  Judicial  Bond  and  Obligation  to  Remove.  John  Leslie,  burgess  of  Abd., 
Elizabeth  Leisk  his  wife,  and  Henry  Sinclair1  of  Auchinfranco  her  son,  granted  in 
favor  of  John  Touche,  burgess  of  Abd.,  a  Bond  for  £20,  payable  £10  at  Martinmas 
and  £10  at  Whitsunday  following,  and  an  obligation  to  remove,  under  penalty  of 
£100,  from  a  tenement  of  foreland  upon  the  West  side  of  the  Gallowgate,  belonging  to 
Touche,  which  is  described  in  the  entry,  at  Whitsunday  1609. 

17.  Loosings  of  Arrestments.      Mr.  John   Cheyne   of  Petfichie  v.   Thomas  and 
Alexander  Gordone  in  Fechill.     Claim  for  the  rents  of  the  "  fyift  part  of  the  towne  and 
landis  of  Tanerae  "  in  Logybuchan.     Cautioner  Alexr.  Pantone  in  Cragie. 

The  Procurator  Fiscal  v.  George  Malice  in  Thomsonishill.  The  charge  was  the 
stealing  of  four  ells  of  cloth.  Cautioner  Win.  Watsone  in  Carnie. 

Gordone  of  Haddo  v.  George  Dowertie  in  Schethyne.  Claim  for  rent, 
&c.,  in  connection  with  the  occupation  of  Ardchedlie  in  Tarves.  Cautioner  John 
Middiltoune,  Baxter,  burgess  of  Abd. 

28.  Alexr.  Forbes  of  Finzeis  v.  Alexr.  Findlay  in  Phillaw  and  Alexander  Findlay  the 

elder.  Claims  in  connection  with  the  occupation  of  Finzeis.  Cautioner  Mr.  George 
Bodie,  burgess  of  Abel. 

1609. 

Jan.  16.  Discharge  of  Legitim,  &c.      George  Johnston,  eldest  son  of  the  late  Wm. 

Johnstowne  in  Kayismylne,  and  Janet  Keyth  his  wife,  in  favor  of  Gilbert  Johnstowne 
of  Muirtowne  and  James  Johnstowne  of  Baudindauche  and  others.  The  sum  in  con- 
sideration of  which  this  discharge  was  granted  was  300  merks  and  £22  55,  which  was  the 
granter's  share  of  a  sum  of  1000  merks  lent  on  wadset  on  the  lands  of  Kingudie  in 
Bourtie. 

1 8.  Loosings    of   Arrestments.      Thomas    Moir'in  Lethintie   v.    Alexr.    Paip   in 
Conglas.     Cautioner  Mr.  Robert  Paip,  Advocate  in  Abd. 

21.  Paull  Menzeis  of  Kynmundie  v.  James  Ray  there.     Claim  for  rent.     Cautioner 

George  Craigheid  in  Kynmundie. 

Alexr.  Banerman  of  Watertoune  v.  Thomas  Craigmyll  at  the  Brigend  of  Fywie. 
Thomas  Craigmyll  had  been  intromitting  with  the  estate  of  the  late  Robert  Craigmyll 
his  brother,  against  whom  Banerman  had  a  claim  in  connection  with  the  occupation  of 
Elrick  in  Deer.  Cautioner  John  Gordone  of  Ardlogie. 

27.  John  Gordone  of  Tilligreig,  Sheriff  Depute  of  Abd.,  v.  Wm.  Elphinstowne  in 
Auld  Craig.     Cautioner  Mr.  Patrick  Cheyne  at  the  Mylne  of  Auchry. 

28.  Alexr.    Howet   in   Newhillis   v.   Walter    Steiwin   in   Boigfarlie.      The    "  allegit 
spoilzeatioune  of  tua  meiris,  ane  thairof  blak  and  ane  other  gray."      Cautioner  Patrick 
Donaldsone,  burgess  of  Abd. 

i  For  the  general  service  of  Sinclair,  vide  p.  38  supra. 
142 


Judicial  Enactments :  Vol.  IL,  Contents 


1609. 

Febry.   15.  Loosings    of  Arrestments.      The   Provost    and   Baillies  of  Abd.    v.  Gilbert 

Menzeis  of  Petfoddells  and  Robert  Symsone  his  tenant  in  Gelkquhomstowne.  The 
Provost  and  Baillies  had  arrested  the  "faill"  which  Menzeis  and  Symsone  had 
"  cassin  upone  the  Wast  end  of  the  Cardowne  fauld  of  Gelkquhomstowne."  Cautioner 
James  Menzeis,  burgess  of  Abd. 

17.  Robert  Bowman  in  Strauthdoune  z1.  Wm.  Stewin  in  Ord,  Auchindoir.     Claim  for 

Bowman's  wife's  "bairns  pairt  of  geir."  Cautioner  Mr.  Ilendric  Ross,  persoune  of 
Ryne  and  Essie. 

24.  Andrew  Stewin,  burgess  of  Abd.,  v.  Alexander  Craigheid  in  Abd.     Ten  bolls  of 

malt  arrested  in  the  hands  of  Wm.  Blakhall,  maltman.  Cautioner  James  Craigheid, 
Indweller  in  Abd. 

Mch.  13.  Elspet  Fraser  in  v.  Wm.  Abirnethic  in  Knokleythe.     A  money  claim. 

The  precept  for  arrestment  was  issued  by  Mr.  John  Home,  Baillie  of  the  Barony  of 
Frendraucht.  Cautioner  Alexr.  Cruikschank,  burgess  of  Abd. 

31.  John   Seytoune  of  Meldrum  v.   George  Crichtoune  of  Tillikerrie.      Arrestment 

used  to  secure  the  rents  of  Cattie.     Cautioner  George  Leslie  of  Crechie. 

April  4.  Revocation  of  Deeds  granted  in  Minority.  David  Forbes  of  Puttachie, 
stating  himself  to  be  under  21  years  of  age,  revoked  generally  all  writings  granted 
by  him  to  his  disadvantage,  and  specially  an  obligation,  whereby  he  had  become 
cautioner  to  John  Gordone  of  Crabistoune  on  behalf  of  John  Forbes  of  Tillikerrie. 

7.  Loosing  of  Arrestment.     George  Gordone,  elder,  and  George  Gordone,  younger 

of  Terpersie,  v.  Duncan  Cowtis  in  Myln  of  Cowlie.  Special  arrestment  of  corn,  &c., 
at  Mill  of  Keig.  The  Gordons  had  a  claim  for  "  comptis  and  rakiningis  "  with  Cowtis. 
Cautioner  John  Mylne,  Tailzeour  in  Abd. 

15.  Renunciation,  Ratification  and  Obligation.  Agnes  Gordoune,  widow  of  Alexr. 
Banerman  of  Wattertoune,  and  Alexander  Banerman  of  Wattertoune  were  the  grantors 
in  the  following  circumstances  : — The  deceased  laird  of  Wattertoune  had  obliged 
himself  to  convey  in  certain  proportions  to  Arthur  Seytoune  in  Abd.  and  Helen 
Abirnethie  his  wife,  George  Seytoune  of  Schethin,  George  Seytoune  at  the  Mylne  of 
Saphak,  and  Bessie  [?]  Lowson  his  wife,  and  Alexr.  Seytoune  in  Cheppelltoune  of 
Essilmont,  certain  roods,  &c.,  boat  and  white  fishing  in  the  Burgh  of  Newburgh,  and 
also  the  East  side  of  the  town  and  lands  of  Bomakessie  in  Ellon.  The  widow  had 
doubtless  certain  claims  on  these,  so  that  before  the  transaction  was  carried  out  it  was 
necessary  to  obtain  this  renunciation  and  ratification.  On  the  other  hand,  Alexr. 
Banerman  bound  himself  to  provide  to  her  the  liferent  of  the  Mains  of  Wattertoune. 

22.  Loosings  of  Arrestments.     Thomas  Gordone  in  Abd.  v.  Thomas  Tailzeour  in 

Abd.     Cautioner  Gilbert  Davidsone,  Tailzeour,  burgess  of  Abd. 

May  3.  Mr.  Wm.  Barclay,  Procurator  Fiscal,  and  Mr.  Richard  Irving  of  Hilloune  T.  James 

Brabner,  burgess  of  Abd.     Cautioner  Mr.  Patrick  Cheync,  burgess  of  Abd. 

'43 


Aberdeenshire  Sheriff  Court : 

1609. 

May    10.  Loosings  of  Arrestments.     Isobell  Symsone  in  Badiforay  and  John  Robertsone, 

Notary  Public  in  Clunie,  v.  Andrew  Lasone  in  Kirktoune  of  Touche.  The  female 
pursuer  was  sister  and  apparent  heir  and  successor  to  the  late  Patrick  Symsone, 
with  whose  effects  Lasone  had  been  intromitting.  Cautioner  Wm.  Gardyne,  Skynner, 
burgess  of  Abd. 

13.  Annas  Fraser,  lawful  daughter  of  the  late  Alexr.  Fraser  of  Mekill  Creichie,  and 

Robert  Keylhe  of  Auldmad,  Mr.  Andrew  Keythe,  Persoune  of  Kineduard,  and  John 
Hay,  burgess  of  Abd.,  her  curators,  v.  Margaret  Innes,  widow  of  John  Fraser  of 
Creichie.  The  claim  by  Annas  Fraser  was  for  bairns'  part  of  gear  arising  on  her 
father's  death.  Cautioner  John  Keythe  in  Auchtilair. 

16.  Arthur  Forbes  of  [?]  Badiforay  v.  Alexr.   Forbes  in  Brumhill.     Cautioner  Wm. 

Touch  in  Arsballache. 

17-  Dame    Girsell    Stewart   and   W.    Seytoune  of   Meldrum  her  husband   v.   James 

Gordoune,  Younger  of  Lesmoir,  and  his  tenants  and  servants  in  Carvethinis.  Peats 
cast  by  Gordoune  and  his  people  "  within  the  Moss  of  Carvethinis  and  Gerreis,"  in  the 
parish  of  Drumblait.  Cautioner  Alexr.  Jaffray,  Baillie,  burgess  of  Abd. 

19.  Judicial  Obligation.      James  Craigheid  and  Alexander  Craigheid  his  son  in  favor 
of  Robert  Irving,  second  lawful  son  of  Mr.  Richard  Irving  of  Ililtoune,  Sheriff  Depute 
of  Abd.     The  amount  acknowledged  was  100  merks,  being  the  value  of  certain  farm  [or 
rent]  beir  which  was  due  to  Irving  by  the  Craigheids.     The  presiding  judge  was  Mr. 
Richard  Irving,  the  father  of  the  creditor.     The  real  debtor  was  Alexander  Craigheid. 

20.  Loosing-  of  Arrestment.     Gilbert  Bard  of  Auchmedden  v.  John  Cruikschank  in 
Glencuthill  and  Wm.  Cruikschank  his  son.     Claim  for  rents  of  Glencuthill,  which  was 
said  to  be  situated  in  the  Barony  of  Glendowachie.     Cautioner  Wm.  Keir  in  Auch- 
reinie,  whom  John  Keyth  of  Northfeild,  submitting  himself  to  the  jurisdiction  of  the 
Sheriff  of  Abd.,  bound  himself  to  relieve. 

27.  Assault  —  Blood-drawing.      The   Sheriff  v.  George   Wood   in   Glasco.      The 

charge  was  of  "hurting,  vending,  and  bluid  -  drawing  of  Wa.  Elmslie,  George 
Elmslie  his  sone,  and  Wa.  Elmslie  in  Thainstoune,  and  hurting  of  the  said  Wa. 
Elmslie's  wyif,  and  also  hurting  of  Duncane  Elmslie's  wyif,  quhairby  scho  pairtit  with 
bairne."  Cautioner  Wm.  Forbes  in  Auchequhorsk. 

30.  Assault — Blood-drawing.       The   Crown    and    Sheriff  v.    Duncan    Elmslie    in 
Rachehill.      The  charge  against  Elmslie  was  of  the  "crewell  and  unmerciful  hurting, 
vonding,  and  bluid-drawing  of  Wa.  Chessour  in  Gasco  [Glasco]  upon  the  Sabothe  day, 
quhairbe  he  is  apperandlie  to  depairt  this  present  lyif."     Cautioner  Ilendrie  Robert- 
sone, Cordoner,  burgess  of  Abd. 

31.  Assault — Blood-drawing.      The  Crown  and  Sheriff  v.  James  Chessour  in  Ley- 
ludge.      James  Chessour  was  charged  with  the  "hurting,  vonding,  and  bluid  drawing 
of  Wa.    Elmslie  in  Thainstoune,   Wa.  and  George  Elmsleis  in  Wretoune,  upon  the 
Sabothe   day,  quhairbe   they  ar   appeirandlie  to   depairt    this    present    lyif,    and    for 
distructione  of  ane  bairne  quhilk  Duncane  Elmslie's  wyif  is  pairtit  with."     Cautioner 
Walter  Cheyne  in  Tillibin. 

144 


Judicial  Enactments :  Vol.  IL,  Contents 


1609. 

June  2.  Assault — Blood-drawing.      The   Crown  and    Sheriff  v.    James    Chessour    in 

Glascoforrest.     The  charge  here  was  of  assaulting  the  three  Elmslies  mentioned  in  the 
preceding  Act.     Cautioner  John  Keyth  in  Tertowie. 

3.  Loosings  of  Arrestments.     George  Meldrum  of  New  Mylne  v.  Wm.  Jamesone  at 

the  New  Mylne  of  Auchterles.      Rents  of  New   Mylne  claimed.      Cautioner  Arthur 
Chalmer,  Indweller  in  Abd. 

Wm.  Leask  of  that  Ilk  v.  John  Davidsone  in  Belscampie.  Arrears  of  rent  of 
Belscampie  claimed.  Caulioner  David  Davidsone  in  Crowden. 

Wm.  Straquhin,  Elder  of  Glenkyndie,  v.  Gilbert  and  John  Robertsone  at  the 
Mylne  of  Auchnagat.  Arrears  of  rent  claimed.  Cautioner  John  Erskyne  of  Bal- 
hagertie. 

Discharge  of  Wadset.  James  Forbes,  sometime  in  Auchquheirthin,  then  in 
Milneboy,  in  favor  of  Mr.  Robert  Gordoune  and  Katherein  Irving  his  wife,  and  James 
Forbes  of  Lethintie.  A  plough  of  the  Middle  third  of  the  lands  of  Fechill  had  been 
alienated  by  James  Forbes  of  Lethintie  and  Fechill,  with  power  of  redemption  on  pay- 
ment of  600  merks.  To  the  right  of  redemption  Lethintie  had  constituted  Gordoune 
and  his  wife  assignees,  so  that  on  payment  by  them  the  debt  was  discharged. 

Loosings  of  Arrestments.  John  Leyth  of  Harthill  v.  Wm.  and  Robert  Abir- 
crombie  in  Kenells  and  Alexr.  Abircrombie  of  Birkenboig.  Peats,  £c.,  in  the  moss 
"  callit  the  Coikmoss  lyand  within  the  parochin  of  Rane."  Cautioner  Hector 
Abircrombie  of  Wasthall. 

Mr.  John  Ross,  Minister  at  Clunie  v.  James  Forbes  in  Rannallache.  There  was 
specially  arrested  a  sum  of  ^100  in  the  hands  of  John  Kar  at  the  Milne  of  Clunie. 
Cautioner  Arthur  Garzeauch  in  Carnecowlie. 

5.  Assault — Blood-drawing.     The  Crown  and  Sheriff  v.  Wm.  and  George  Elmslie 
in  Wretoune.     The  charge  was  in  terms  similar  to  those  recorded  a  few  days  earlier,  the 
injured  men  being  Wm.  Chessour  in  Glasco  and  John  Gray  in  Auquhrinnc.     Cautioner 
James  Andersone,  Litster,  burgess  of  Abd. 

6.  Loosings  of  Arrestments.      Lilias  Craufuird,  widow  of  Robert  Lines  of  Elrick, 
and  Alexr.  Banerman  of  Wattertoune  v.  Alexr.,  Wm.,  and  James  Pettindreiche  in 
Quythill   and    Loskedlie.       Both   pursuers   were    arresting    independently    for    rents. 
Cautioners  David  Craik  in  Burnegrains  and  Richard  Symsonc  in  Dilspro. 

7.  Patrick    Leslie  of  Kincraggie   and   George    Leslie   apparent    thereof   v.    Andrew 
Straquhin  in  Tilliemair.     Claim  for  rent.     Cautioner  Micheall  Youngsone,  Saddler, 
burgess  of  Abd.,  whom  John  Forbes  of  Tillekeirie  bound  himself  to  relieve. 

Mr  John  Lumisden  at  the  Brig  of  Done  v.  Thomas  Watsone  in  Murcar.  Claim 
for  alleged  wrongous  intromission  with  a  ewe.  Cautioner  Alexr.  Gordoune  in 
Kethokismylne. 


Aberdeenshire  Sheriff  Court : 

1609. 

June   7.  Loosings  of  Arrestments.        Alcxr.    Leslie,    son   of  the  late  Alexr.   Leslie  in 

Raithes,  v.  Robert  Merser  in  Auld  Abd.,  and  Agnes  Hervie  his  wife.  A  money 
claim.  Cautioner  Henry  Mow  tray  in  Wastfeild.  Mr.  Arthur  Watt,  Advocate  in 
Aberdeen,  joined  in  Merser's  obligation  to  relieve  the  cautioner. 

8.  John  Vilsone   in  Chrystis  Kirk  v.   George    Layng,  burgess  of  Abd.      A   money 

claim  of  £4.     Cautioner  John  Leslie  of  Lergie. 

10.  John  Kellie  in  Teiltie  [Tavelty]  v.  James  Cruvis  in  Auquhorsk.      The  alleged 

spuilzie  of  "  ane  broune  hornit  kow."     Cautioner  George  Tailzeour  in  Auquhorsk. 

Renunciation  and  Discharge.  Isobell  Leask,  wife  of  Adam  Gordoune,  the 
brother  german  of  the  "  Richt  Honorabill"  George  Gordoune  of  Gicht,  renounced 
lor  a  consideration  of  2500  merks  all  her  right  to  the  "  tua  pairt  landis  of  Mains  of 
Leask,"  £c.,  in  favor  of  William  Leask  of  that  Ilk,  and  her  husband  consented. 

13.  Removing.      Walter   Cheyne   of    Arnage   and    Wm.    Cheyne   in    Essilmont   v. 
Gilbert  Watsone  in  Lammermure  in  the    Barony  of  Arnage.     Watsone  consented   to 
remove. 

14.  Loosings    of   Arrestments.      Alexr.    Abircrombie   of  Birkinboig,    Wm.    Abir- 
crombie  in  Kemmells,  and  Robert  Abircrombie  at  the  Mylne  of  Pettmedden  v.  John 
Leyth  of  Harthill  and  his  tenants  of  Lowess,  Bonitoune  and  Kirktoune.     Peats,  &c., 
in  the  moss  "callit  the  Coikmoss  and  Moss  of  Kirktoune  of  Rane."    Cautioner  George 
Leyth  in  Kirktoune  of  Une  [Oyne]. 

21.  Andrew  Keyth  of  Karnetradlen  v.   Thomas  Fraser  of  Lytill  Kinnadie  and  his 

tenants.     Peats,  &c.     Cautioner  James  Keyth  of  Kinnadie. 

30.  Wm.  Gordone  of  Abirzeldie  v.  Nicholl   Inchemedden  in  Medler,  James  Broune 

there,  William  McKic  there,  Robert  Jaffray  there,  and  Isobell  Hunter  there.  Peats, 
&c.,  cast  upon  the  West  part  of  the  "  Hill  of  Fair"  as  part  and  pertinent  of  Wm. 
Gordone's  lands  of  Ballogie  in  the  parish  \sic\  of  Ballogie.  Cautioner  Thomas  Burnet 
of  Craigmyll. 

July  I.  Renunciation.     Isobell  Lumisden,  wife  of  Patrick  Forbes  of  Drumlasie,  renounced 

in  favor  of  Arthur,  Lord  Forbes  and  James  Forbes  his  natural  brother  the  town  and 
lands  of  "  Waster  Tolmaids,"  in  the  Barony  of  Cluny  and  parish  of  Kincardin. 

6.  Revocation  by  a  Married  Woman.     Katherine  Hay,  wife  of  John  Donaldson, 
burgess  of  Abd.,  on  the  narrative  that  her  husband  had  compelled  her  to  give  her 
consent  to  a  certain  contract,  and  on  the  ground  that  a  clause  had  been  surreptitiously 
added  after  the  clause  of  registration  and  insertion  of  the  names  of  witnesses,  now 
revoked  her  consent.      A   number   of  persons   are  mentioned  in  the  entry,  and  the 
' '  New  Colledge  of  Elgyne  "  is  referred  to. 

7.  Manslaughter.     The  Crown  and  Sheriff  v,  Thomas  Adame  in  Auchinquhirie. 
The  accused  was  charged  with  the  slaughter  of  John  Chrystie,  minor  in  Tilliboy. 

146 


Judicial  Enactments:  Vol.  IL,  Contents 

1609. 

July    8.  Loosings  of  Arrestments.     James,  Earl  of  Murray,  Lord  Doun,  &c.,  v.  John 

Wod  of  ihe  Millon  of  Fintray  and  others.  Peats,  &c.,  cast  in  "the  Commounlie  and 
out  bounds  of  the  lands  and  townes  of  Easter  and  Wester  Fintrayis."  Cautioner 
James  Gordone  of  Brakay. 

14.  John  Irving  of  Petmurchie  v.  Nicoll  Ross  of  Auchlossin  and  his  tenants.     Peats, 
&c.,  said   to   have   been   cast   within   the   bounds   of  Petmurchie.      Cautioner  John 
Farquharsone  of  Cloak. 

15.  John  Leslie  of  Petcapill  v.  Wm.  Forbes,  Fiar  of  Bairnes.     Peats,  &c.,  upon  any 
part  of  the  lands  of  Thorntoun.     Cautioner  Wm.  Forbes,  burgess  of  Abd. 

Deforcement  and  Assault.  Alex.  Andersone,  Sheriff  Officer,  and  James  Bonar 
v.  John  Jamesone  in  Drumallachie.  Bonar,  who  was  apparently  Anderson's  assistant, 
was  assaulted  and  Anderson  deforced.  Cautioners  James  Tosheauche  in  Drumallachie 
and  Archibald  Reid  in  Elphehillok. 

15.  Loosings  of  Arrestments.  Robert  Forbes  of  Brux  v.  Thomas  Bonar  in  Macher's 
hauche.  Peats,  £c.,  on  the  West  side  of  Macher's  hauche.  Cautioner  John  Gordoune 
in  Geauche. 

1 8.  Wm.  Chalmer  in  Petmedden  and  Wm.  Thome  in  Boiginwis  v.  David  Galloway  in 
Standingsteanis.     Cautioner  John  Lumsden,  Baxter,  burgess  of  Abd. 

19.  Discharge  of  Wadset.     Thomas  Spens,  second  son  of  Thomas  Spens,  then  in 
Bruntsteane,  granted  in  favor  of  James  Gordoune,  younger  of  Lesmoir,  a  discharge  for 
the  sum  of  4800  merks,  and  released  the  Lands  of  Peireismylne,  £c.,  in  Drumblade. 

Loosings  of  Arrestments.  Paull  Menzeis  of  Kinmundie  v.  John  Leithe  of 
Engerek  [Edingarrak],  Adam  Gordoun  of  Boigholl,  and  Agnes  Keythe  his  wife.  Leithe 
was  proprietor  of  the  North  half  of  Boigholl,  and  Gordoun  and  his  wife  of  the  South 
half.  The  corns  and  peats  sown  and  cast  by  them  and  their  tenants  upon  part  of  the 
Hill  of  Drumnagair,  which  Menzeis  claimed,  and  which  is  very  fully  described  in  the 
entry,  had  been  arrested.  Cautioner  George  Lang,  burgess  of  Abd. 

22.  Alexr.    Gordoun  of  Lytill  Gowill  v.   Wm.    Forbes  of  Logiefintray.     Peats,  &c., 

upon  the  ground  and  moss  of  Suaillend.     Cautioner  Mr.  George  Hervie  of  Kinermeit. 

26.  Charles    Chalmer    in  Waster   Fintray   v.    Robeit    Chalmer   in   Waster   Fintray. 
Peats,  &c.,  upon  the  Hill  of  Saphak.     Cautioner  Mr.  Wm.  Ray,  burgess  of  Abd. 

John  Leithe  of  Edingarrak,  Agnes  Keythe,  liferenter  of  the  South  half  of  Boig- 
holl, and  Adam  Gordoun  her  husband  v.  Paull  Menzeis  of  Kynmundie.  This  was 
evidently  a  cross  arrestment  to  the  one  referred  to  in  the  entry  of  19  July.  Cautioner 
James  Menzeis,  burgess  of  Abd. 

27.  John  Bruce  at  the  Meikill  Mylne  of  Esselmont  z/.  Patrick  Ligertwood  in  Bourhills, 
Thomas  Cattow  there,  and  John  Thomson  in  Ulaw.     Money  claims.     Cautioner  Wm. 
Mowtray,  occupier  of  eight  oxengait  of  Parvinnes. 


Aberdeenshire  Sheriff  Court : 

1609. 

Augt.  5.  Loosings  of  Arrestments.     Wm.  Chalmer  in  Auchquhortie  and  John  Chalmer 

his  son  v.  Alexr.  Chalmer  in  Fredclahill.     Cautioner  George  Gnrdoun  in  Boginjohne. 

9.  Alexr.  Richie  in  Braka  v.  Michael  Strathe  in  Abirdour.     Cautioner  John  Tailzeour 

in  Abirdour. 

12.  John  Kar  in  Clunie  v.  John  Watsone  in  Wairdheid.     A  claim  for  25  merks  of  dot 

and  tocher  promised  to  Kar  by  Watsone,  with  his  sister  Margaret  Watsone.  Cautioner 
Wm.  Watsone  in  Auchinclaithe. 

Wm.  Michell  at  the  Kirk  of  Tyrie  v.  Edward  Michell  in  Tyrie.     A  claim  for  three 
bolls  of  bere.     Cautioner  Robert  Perk  in  Rothnachie. 

15-  George  Jhonsloune,  burgess  of  Abd.,  v.  Mr.  Richard  Irving,  burgess  of  Abd.     The 

arrestment  was  laid  on  rive  barrells  of  salmon  due  to  Irving  by  Gilbert  Dowie  as  rent. 
The  fish  were  said  to  have  been  taken  by  Dowie  from  Irving's  "half  netis  salmond 
fisching  in  the  Kingis  Keawill  of  the  Water  of  Done."  The  fish  were  also  said  "  to 
be  markit  on  the  said  Mr.  Richard  his  merk  as  his  maill  fische."  Cautioner  Thomas 
Donaldsone,  burgess  of  Abd. 

16.  Wm.  Thome  and  Agnes  Jaffray  his  wife  v.  Hector  Abircrombie  of  Wasthall  and 

his  tenants.  Thome  and  his  wife  agreed  that,  notwithstanding  an  arrestment  used  by 
them  in  Abircrombie's  hands  against  Wm.  Leith,  burgess  of  Abd.,  the  victuall  arrested 
might  be  delivered. 

19.          James   Reid  in   Camphell   v.   J'lhn  Auld   in    Balvak  and  John   Wilsone   there. 
Cautioner  James  Clark  alias  Roye  in  Cluny. 

21.  Alexr.  Cuming  of  Cultar  v.  Robert  Forfar  in  Binghill.     Corn  sown  "  be  northe 

and  be  wast  the  Den  of  Murthill,"  alleged  to  be  within  the  bounds  of  Bainshill,  belong- 
ing to  the  laird  of  Culter.  Cautioner  James  Cowpar,  burgess  of  Abd. 

26.  Alexr.  Irving  of  Drum  v.  Alexr.  Cuming  of  Cultar  and  his  tenants  of  Hollmill. 

Corn  sown  "  on  the  east  syde  of  the  Burne  of  Leuchar  and  northe  syde  of  ane  croft 
callit  Tailzeours  croft,  occupeit  be  Williame  Donald  on  the  southe  syde  of  the  stryipe 
callit  the  Keill  stryipe  of  the  Hollmill."  Cautioner  John  Gordone,  lawful  son  of 
George  Gordone  of  Terspersie. 

24.  Thomas  Spence  in  Bruntstane  v.  Thomas  Spence  in  Dummuis.     Cautioner  James 

Andersone  in  Dunbenan. 

Sept.  2.  Robert,    Gilbert,    Margaret,    Marjorie,  James   and   Janet    Smyth,    children    and 

executors  of  Wm.  Smyth  in  Artrochie  v.  Wm.  Buchane  in  Meikill  Artrochie. 
Cautioner  John  Vilguis  in  Artrochie. 

4.  Alexr.  Cuming  of  Cowter  v.  Alexr.  Irving  of  Drum  and  his  tenants  of  Craigtoune. 

Corn,  &c.,  sown  "  be  northe  or  be  eist  the  Gallic  boge  "  or  "  uponne  the  eist  syde  of 
the  Burne  of  Leucher."  Cautioner  Mr.  Gilbert  Ross,  burgess  of  Abd. 

6.  James  Gordone,   Fiar  of  Newtoune,   v.   Alexr.    Reid,  sometime  in  Knokinbard, 

then  in  Lencheoch.     Cautioner  Robert  Forbes  in  Auldtoune  of  Wardes. 

148 


Judicial  Enactments:  Vol.  IL,  Contents 

1609. 

Sept.  6.  Tutory.     Alexr.  and  Adam  Jaffray,  children  of  the  late  Adam  Jaffray  in  Cortheis. 

Micheall  Jaffiay  in  Cortheis,  who  had  been  appointed  tutor  by  letters  under  the  great 
seal,  dated  17  June  preceding,  accepted  office,  took  the  oath  defideli,  and  found  Alexr. 
Jaffray,  burgess  of  Abd.,  as  Cautioner. 

14.  Loosings  of  Arrestments.     James  Gordoune,  apparent  of  Lesmoir, 

Gordoune  his  son  and  apparent  heir,  and  Alexr.  Gordoune  of  Lesmoir  his  father,  v. 
Thomas  Gordoune  in  Artlache.  Corn,  &c.,  upon  the  lands  of  Tilliminet.  Cautioner 
John  Gordowne  of  Badinzone. 

James,  Earl  of  Murray,  v.  Wm.  Setoune  of  Disblair,  Alexr.  and  Wm.  Symmer  in 
Lairshill,  and  Wm.  Cruikschank  in  Seittis.  Corn,  &c.,  upon  the  West  and  South  of 
the  "  Reid  burne."  Cautioner  John  Meldrum  of  Ordley. 

Wm.  Forbes  of  Corsinday  v.  Wm.  Forbes  of  Petflug  and  his  tenants.  Corn,  &c., 
sown  "  within  the  Strathe  of  Meikill  Endovie."  Cautioner  Arthur,  Lord  Forbes. 

18.  Assythment      Mr.  Alexr.  Irving,  Advocate  in  Abd.,  v.  Thomas  Fraser  of  Doiris. 

By  this  act  Alexr.  Burnet,  burgess  of  Abd.,  became  cautioner  for  the  laird  of  Durris 

that  he  should  pay  to  Irving  1000  merks  as  assythment  for  the  slaughter  of  Thomas 

-  Burnet  of  Cokardie  by  his  sons  Thomas  and  Mr.  Patrick  Fraser.      Irving  was  stated  to 

be  nearest  kinsman  of  the  deceased  on  the  mother's  side. 

20.  Loosings  of  Arrestments.    John  Feichie,  servitor  to  the  guidmane  of  Carnbady  v. 

Robert  Perk,  indweller  in  Abd.  "  Tvva  blak  quyeks  "  had  been  arrested.  Cautioner 
Andrew  Ewin,  burgess  of  Abd. 

Alex.  Gordoune  of  Suaillend  v.  James  Donald  in  Monycabak.  Peats,  &c. 
Cautioner  Patrick  Butter  of  Elrick. 

William,  Lord  Keyth,  Master  of  Merschell  v.  Alexr.  Davidsone  in  Perk  of 
Cremound  and  Robert  Nicoll  there.  Corn,  peats,  &c.,  within  the  bounds  of  the  town 
and  lands  of  [?]  Saterhills. 

23.  John  Forbes  of  Echt  v.  John   Reid  in  Bolquharne.     What  was  sought  was  that 

Reid  should  remain  in  and  manure  his  "  tak  "  and  pay  his  rent.  Cautioner  James 
Auchinhuiff,  burgess  of  Abd. 

John  Leithe,  Apparent  of  Harthill,  v.  Adam  Leithe  in  Mylnebiging.  A  money 
claim.  Cautioner  John  Leithe  of  Harthill. 

24.  James  Gordoune,  Fiar  of  Newtoune,  v.  George  Leithe  in  Mellingsyde  and  Thomas 

Merschell.  Crop  on  Mellingsyde  in  security  of  multures.  Cautioner  Wm.  Setoune  of 
Disblair. 

Nicoll  Ross  of  Auchlossin  v.  Robert  Carneigie  of  Waster  Kingcardine  and  John 
Cowtis  at  the  Mylne  thereof.  "  Faill  cassin  upone  the  east  syde  of  Nather  Loche  of 
Auchlossin."  Cautioner  John  Gordoune  of  Tillquhowdie. 

149 


Aberdeenshire  Sheriff  Court  1 

1609. 

Sept.  26.  Loosings  of  Arrestments.     James,  Earl  of  Murray,  v.  Wm.  Forbes  of  Logie- 

fintray    and    his    tenants.       Corn   growing    upon    the    Reid    burne    and    Wodheid. 
Cautioner  Gilbert  Johnestoune  of  Ouirtoune. 

27.  Wm.    Irving  of  Murthill  v.   Alexr.   Cuming  of  Cowter  and  John  Strauchine  in 
Baneshill.      Peats,  &c.,  upon  the  "  wast,  northe  wast  and  northe  pairties  of  Binghill 
and  Neilstoune."     Cautioner  Wm.  Irving  of  Hollmylne. 

28.  James,  Earl  of  Murray,  v.  Henry  Smart  in  New  Place  of  Balbithen.      Corn  sown 
in  the  Moss  of  Waster  P'inlray  "  callit  the  Moss  of  Saphak."    Cautioner  George  Keyth, 
Saddler,  burgess  of  Abd. 

28.  John  Arskine  of  Pettodrie  v.  Wm.  Strauchin  of  Glenkindey,  Alexr.  Strauchine  of 
Touxhill,  and  Alexr.  Strauchine,  Fiar  of  Glenkindey,   and  tenants.      Corn  sown  on 
[?]  Bannagait  or  upon  the  "  bak  moss  of  Auchnagat."      Cautioner  Alexr.  Gairdyne  of 
Banchrie. 

29.  Alexr.  Bowar  v.  Wm.  Smith  in  Brounhill  of  Baquhollie.     Corn  standing  on  the 
lands  of  Jaxtoun.     Cautioner  Gilbert  Andersone  in  Culcox  of  Schewes. 

30.  Alexr.  Gordoune,  lawful  sone  of  the  late  John  Gordoune  in  Fuliament,  v.  John 
Gordoune,  younger  of  Auchindoir.     It  would  appear  that  the  late  Wm.  Gordoune  of 
Auchindoir,  as  tutor  to  Alexr.  Gordoune,  had  arrested  in  the  hands  of  John  Gordoune 
60  merks  due  to  his  pupil.     The  young  man  being  now  of  age,  agreed  to  the  loosing  of 
the  arrestment,  reserving  his  claim  for  the  money  against  John  Gordoune,  now  designed 
as  of  Craig. 

Assault — Blood-drawing.     David  Wilsone  in  Culcax  v.  George  Greif  in  Auchin- 
creiff.     Cautioner  James  Greif  in  Tiftie. 

Octr.  2.  Loosings  of  Arrestments.     Alexr.  Hay  of  Brunthill  v.  Wm.   Hay,  apparent  of 

Brunthill.     Cautioner  Wm.  Leisk  of  that  Ilk. 

James,  Earl  of  Murray,  v.  Wm.  Ray  and  other  tenants  of  Middiltoune  of 
Disblair.  Middiltoune  belonged  to  John  Johnestoune  of  that  Ilk,  and  the  entry 
discloses  still  another  dispute  about  ground  adjacent  to  the  Reid  burne.  Cautioner 
James  Johnestoune,  younger  of  Isakstoune. 

3.  Thomas  Dempster  of  Auchterless  and  James  Dempster,  Fiar  thereof,  v.  Gilbert 

Mair  in  [?]  Stures  of  Auchterless.     Cautioner  Wm.  Leithe,  burgess  of  Abd. 

Wm.  Skeine,  burgess  of  Abd.,  v.  Elizabeth  Leslie  and  Thomas  Cuming,  burgess 
of  Abd.,  for  his  interest.  The  arrestment  here  included  rents  in  the  Burgh  of  Abd. 
Cautioner  John  Forbes  of  Waster  Edit. 

James,  Earl  of  Murray,  v.  Henry  Smert  in  New  Place  of  Balbithane.  Corn,  &c., 
sown  on  that  part  of  New  [?  Place]  Balbithane  "  callit  Makeis  Medowis  and  Suell  of 
Finok."  Cautioner  Arthur  Chalmer,  indweller  in  Abd.,  son  of  the  late  John  Chalmer 
of  Balbithane. 


Judicial  Enactments:  Vol.  EL,  Contents 


1609. 

Octr.  4.  Loosings  of  Arrestments.    Wm.  Straquhin  of  Glenkyndie  and  Alexr.  Straquhin, 

Fiar  thereof,  v.  John  Erskyne  of  Balhagertie.  Corn  sown  "  betuixt  the  Guiss  burneand 
the  Walden  burne  quhill  they  cum  to  the  burne  of  Banagoak,"  or  on  any  other  part  of 
Auchnagat.  Cautioner  Wm.  Forbes,  elder,  burgess  of  Abd. 

7.  Wm.  Gordoune  of  Saphak  and  Adam  Gordoune  of  Boigholl  his  tutor  v.  James 

Innes  in  Annachie.  The  claim  was  for  the  rents  of  Chappeltoune  of  Scheiwes  belonging 
to  the  pupil.  Cautioners  George  Craufuird  of  Annachie  and  Patrick  Cruikschank  in 
Arcliffrie. 

9.  Mr.  John  Leithe,  Commissary  Substitute  of  Abd.,  and  Ursula  Cheine  his  mother 
v.  John  Leithe  in  Liklieheid.     Rents.     Cautioner  Robert  Skeine  of  Tilliebirlache, 
brother  in  law  of  the  arrestee. 

Wm.  Smythe  in  Brounehill  v.  Alexr.  Bower  in  Jakistoune.  The  claim  here  was 
for  intrusion  into  Jakistoune,  after  renunciation  had  been  made,  and  for  violent  profits. 
Cautioner  Robert  Smythe  in  Jakistoune  of  Bolquholie. 

10.  Thomas  Clerk,  Fiddler  in  Newtoune  of  Premnay,  v.  Thomas  Leslie,  John  Ander- 
sone,  John  Wilsone  and  James  Petirie,  all  in  Chrystis  Kirk.     Claim  for   100  marks. 
Cautioner  Wm.  Senzeour,  burgess  of  Abd. 

11.  Assault — Blood-drawing.      Alexr.   Craigie   and   Katherine   Traill   his   wife  v. 
Alexr.    Gallaway   in    Murthill.      A   charge   of  the    "  bluid-drawing "    of  the  female 
pursuer.     Cautioner  Alexr.  Kempt,  burgess  of  Abd. 

12.  Manslaughter.     The  Crown  and  Sheriff  v.  Andrew  Myntie  in  Waster  Corss. 
The    charge    was    "the    slauchter    of    umquhill   Wa.    Mathie    in    Waster    Corss." 
Patrick  Forbes  of  Corss  was  cautioner  for  Myntie's  appearance. 

13.  Loosings  of  Arrestments.      Mr.   James    Forbes    of    Knappernay    v.    Alexr. 
Chalmer  at  the  Mylne  of  Keawill.     Cautioner  Wm.  Symmer  at  Mylne  of  Keawill. 

Stephen  Johnestoune  in  Elgan  v.  Elizabeth  Leslie  and  Thomas  Cuming  her 
husband.  Johnestoune,  who  was  donator  to  the  escheat  of  Wm.  Skeyne,  burgess  of 
Abd.,  had  arrested  the  rents  due  to  Elizabeth  Leslie  as  conjunct  fiar  of  houses  in 
Abd.,  and  also  the  rents  due  to  her  husband.  Cautioner  John  Forbes  of  Waster  Echt. 

1 6.  Assault — Lawborrows.  Robert  Fiddes  in  Futtie,  Margaret  Still  his  wife,  and 
Martin  Fiddes  their  son  v.  Alexr.  Fiddes  and  Helen  Nicolsone,  his  wife.  The  charge 
was  for  "dinging,  striking,  hurting  and  oppressing."  The  penalty  in  case  of  breach 
of  lawborrows  was  ^100.  Cautioner  Robert  Paterson,  Armorar,  burgess  ol  Abd. 

28.  Loosing  of  Arrestment.      Wm.    Reid  in  Petblae  v.  Thomas  Crystie  in  Con- 

craiges  of  Ardglassie.     Cautioner  Mr.  Andrew  Bedy,  Skulmaister  in  Fraserburgh. 

Manslaughter.  The  Crown  v.  Mr  Patrick  Cheine,  burgess  of  Abd.  The 
charge  was  of  the  slaughter  of  Walter  Mowat  in  Colpe.  Caution  300  merks.  Mr.  John 
Cheine  of  Petfeichie  was  cautioner  for  accused's  appearance. 


Aberdeenshire  Sheriff  Court : 

1609. 

Octr.  31.  'Loosings  of  Arrestments.     James  Forbes  of  Lethintie  v.   Robert  Moir  at  the 

Walkmylne  of  Bourtie.  Cautioner  Arthur  Chalmer,  son  of  the  late  John  Chalmer  of 
Balbithane. 

Novr.  I.  Patrick  Thomesone  in  Nether  Ardlethin  z>.  Robert  Mackie  in  Nether  Ardlethin. 

Cautioner  David  Meluill,  servitor  to  Wm.  Forbes  of  Tolquhon. 

3.  Thomas  Leslie  in  Chrystis  Kirk  v.  Thomas  Clerk  in  Newtoune.     Cautioner  George 

Gordoune,  son  of  Wm.  Gordoune  of  Tillieangous. 

10.         Patrick  Leslie  of  Kincragie  and  George  Leslie,  Fiar  thereof  v.  Alexr.  Andersone  in 
Meikill  Endowie.     Cautioner  John  Abircrombie  in  Meikill  Endowie. 

13.  James  Murray  in  Cranloche  v.  John  Geills  in  Auchintinder.     Cautioner  John  Leslie 
of  Lergie. 

14.  Renunciation  and  Discharge.    John  Leslie,  apparent  of  New  Leslie  in  favor  of 
Andrew  Leslie  c,f  New  Leslie,  his  father.     This  was  a  Renunciation  by  the  son  in  favor 
of  the  father  of  that  part  of  a  contract  between  them  dated  at  Abd.   17  January  1605, 
whereby  the  father  was  bound  to  infeft  the  son  in  the  lands  of  (i)  New  Leslie,  &c.  in 
the  Barony  of  Leslie  ;  (2)  Kirktoune  of  Chrystis  Kirk  and  Tempill  lands  thereof  in  the 
parish  of  Kennethmont  and  Chrystis  Kirk  ;   (3)  Ederlick  &c.  in  the  parish  of  Premnay  ; 
and  (4)  Inche  in  the  parish  of  Inche.     The  rights  of  Janet  Leslie,  wife  of  Andrew  and 
mother  of  John  Leslie,  under  the  contract  were  reserved,  and  John's  right  to  twelve 
bolls  of  victual  out  the  lands  of  Inche  was  not  to  be  prejudiced. 

Loosings  of  Arrestments.  Wm.  Gray  in  Cowburtie  and  John  Andersone  in 
[?]  Satlingraw  r.  Alexr.  Smyth  in  Tyrie.  Cautioner  Jaspert  Mowat  in  Cremondgorthe. 

Bessie  Leslie,  daughter  of  the  late  Walter  Leslie,  "Reider"  v.  Wm.  Irving  in 
[?]  Hagis  and  Elspet  Crechtoune,  his  wife.  Cautioner  Wm.  Dempster  in  Knokleyth. 

15.  Assault — Blood-drawing.     John  Birnie  in  Aucheireis  and  Jean  Murray,  his  wife 
z>.  Andrew  and  Magnus  Craik  in  Aucheireis.      Cautioner  Alexr.  Fraser,  portioner  of 
Mensie. 

17.  Loosing  of  Arrestment.     James  Forbes  of  Lethintie  v.  Andrew  Ross  in  Fechell. 

Cautioners  Andrew  Barcar,  Baxter,  burgess  of  Abd.  and  Gilbert  Keythe  at  "the  Portis 
of  Cowie."  The  latter  renounced  his  own  jurisdiction  [Kincardineshire]  and  submitted 
himself  to  the  jurisdiction  of  the  Shcriffdom  of  Abd. 

21.  Lawborrows.     Alexr.  Buchane  of  Auchmacoy  and  Wm.  Buchane,  his  brother  v. 

Mr.  John  Kennedy,  Tutor  of  Carmuk.  Caution  500  merks.  Cautioner  Alexander 
Kennedy,  portioner  of  Asleid,  brother  of  Mr.  John  Kennedy. 

Loosing  of  Arrestment.  John  \Villiamsone,  burgess  of  Abd.  v.  Walter, 
Patrick,  Elspet,  Marjorie  and  Agnes,  children  of  the  late  Wm.  Banerman  of  Asleid. 
200  merks  arrested  in  the  hands  of  George  Currour  of  Inchedrour.  Cautioner  James 
Andersone,  Litster,  burgess  of  Abd. 


Judicial  Enactments:  Vol.  ILt  Contents 

1609. 

Novr.  21.  Loosings  of  Arrestments.      Margaret  Thorntowne,   widow  of  Magnus   Duff, 

burgess  of  Abd.  v.  The  same.     The  same  sum  arrested.     The  same  cautioner. 

Patrick  Farfar,  burgess  of  Abd.  v.  The  same.  The  same  sum  arrested  and  the 
same  cautioner. 

22.  Clerk,  widow  of  Wm.  Fleger  in  Wastertoune  v.  the  Representatives  of 

the  late  Alexr.  Duff  of  Torisoull.  Cautioner  Robert  Keyth,  burgess  of  Abd.,  whom 
Adam  Duff,  son  of  the  deceased,  bound  himself  to  relieve. 

29.  Alexr.  Skeyne  of  that  Ilk  v.  Robert  Skeyne  of  Tillibirlauche.     The  claim  was  for 

the  rents  of  Tillibirlauche  for  1600.  Cautioner  Andrew  Jamesone,  Messone,  burgess 
of  Abd. 

Dec.   I.  Francis,  Earl  of  Erroll  v.  Wm.  Hay,  apparent  of  Brunthill.     The  subjects  arrested 

were  9  stacks  of  oats  and  3  of  bear  belonging  to  Hay  standing  in  the  courtyard  of 
Aucharnie  [Auquharney].  Cautioner  Walter  Ord,  servitor  to  "  George  Erll  Merschell." 

Assault — Blood-drawing'.  The  Crown  v.  Alexr.  Wat  at  the  Corn  Myloe  of 
Mensie.  Edward  Fraser  in  Ardmakhorne  was  the  person  assaulted.  Cautioner  George 
Mill  at  the  Mylne  of  Forrest. 

2.  Revocation  of  Deeds  Granted  in  Minority.  Alexr.  Skeyne  of  that  Ilk,  on 
the  statement  that  he  was  now  within  the  age  of  21  years  and  entitled  to  revoke  deeds 
done  to  his  hurt,  in  addition  to  a  general  revocation,  here  specially  revoked  a  liferent 
lease  of  Tillibirlauche  granted  by  him  with  consent  of  his  curators  to  Robert  Skeyne 
his  father's  brother.  \Supra  29  Novr.]. 

12.  Loosings  of  Arrestments.      Gilbert  Keyth  of  Aueheireis  v.    Alexr.   Craik  in 

Newtoun  of  Aueheireis.     Cautioner  Alexr.  Fraser,  Portioner  of  Mensie. 

19.  Mr.  Richard  Irving  of  Hiltoune  v.  Andrew  Wcntoune  in  Auld  Abd.     Claim  for 

spuilzie  of  six  sheep.     Cautioner  Mr.  Robert  Gardyne  of  Blairtoun. 

30.  John  Lyoune  of  Middiltoune  v.  Janet  Farquhar  widow  of  Wm.  Watt  in  Middiltoune. 

Cautioner  James  Mortimer,  Fiar  of  Cragyver,  for  whom  Mr.  Arthur  Watt  as  procurator 
produced  a  cautionary  obligation  dated  the  previous  day.  The  entry  was  signed  by 
Mr.  Watt  as  procurator. 

1610. 

Jany.     3.  Mr.  James  Cargile,   Doctor  of   Medicyne,   r.   Marjorie  King  sister  german  and 

Executrix  of  Thomas  King,  Burgess  of  Abd.  and  Wm.  Chalmer  her  husband. 
Cautioners  Alexr.  Chalmer,  Burgess  of  Abd.  and  John  Roche,  Minister  there. 

10.  Alexr.    Buchane   of  Auchmacoy  v.   John  Auchinhuiff  in    Cothill   of  Collistoune. 

Claim  for  rent.     Cautioner  Andrew  Reid  of  Collistoune. 

U  153 


Aberdeenshire  Sheriff  Court : 

1 6 10. 

Jany.  10.  Revocation  of  Deeds   Granted  in  Minority.      Patrick   Forbes,   apparent   of 

Lethintie.  This  was  a  general  revocation  of  deeds  granted  in  minority  and  specially 
of  an  obligation  to  pay  a  tocher  of  2000  merks  with  his  sister  Jane  Forbes,  who  was 
married  to  James  Gerauche  of  Kinstair. 

12.  Assault— Blood-drawing.     Edward  Mitschell  in  Tyrie  v.   Thomas  Chrystisone 

in  Eister  Tyrie.     Cautioner  Thomas  Cowie,  Elder,  Burgess  of  Abd. 

17.  Loosings  of  Arrestments.     Alexr.  Cardno  at  the  Kirk  of  Phillorthe  v.  James 
Dilgarnocht  in  Rethin.     Claim  for  the  alleged  spuilzie  and  detention  of  a  three  year  old 
brown  horse.     Cautioner  Alexander  Craufourd,  Portioner  of  Rethin. 

Andrew  Reid  of  Collcstoun  v.  Alexr.  Buchane  of  Auchmacoy.  Claim  for  the 
allegit  spuilzie  of  "  certane  lyme."  Cautioner  Wm.  Buchane,  Burgess  of  Abd. 

18.  John  Scherar  in  Dubistoun  r.  Thomas  Leslie  in  Chrystiskirk.     A  claim  for/i6 
as  the  price  of  20  lambs  sold.     Cautioner  Wm.  Sengzeour,  Burgess  of  Abd. 

20.  Examination  of  Havers.     Provost  Alexr.  Rutherfurde  and  Mr.  Thomas  Menzeis, 

sometime  Baillic  and  a  Burgess  of  Abd.  These  gentlemen  were  summoned  in  a  Court 
of  Session  action  to  produce  any  writ  in  their  possession  defining  the  boundaries  of  the 
Baronies  of  Findon  and  Torry.  It  was  agreed  by  Wm.  Forbes  of  Monymusk  and  Wm. 
Forbes  of  Portlcthin,  apparent  of  Monymusk,  who  were  evidently  parties  to  the  action, 
that  the  depositions  should  be  taken  before  the  Sheriff  Depute  in  Abd.  which  was  done. 
They  both  deponed  that  they  neither  possessed  nor  had  any  knowledge  of  such  an 
"  euident." 

Loosings  of  Arrestments.  John  Erskein  of  Balhagertie  v.  Gilbert  Cassie  in 
Bannagoak.  A  claim  for  20  bolls  victual  as  rent  for  the  lands  of  Barrak,  crop  1609. 
Cautioner  James  Baird  in  Fetterletter. 

23.  John  Johnestoune  of  that  Ilk  v.  George  Johnestoune,  burgess  of  Abd.     This  dispute 
arose  out  of  the  claim  made  by  Helen  Arbuthnot,  wife  of  John  Gordon  of  Tilligreig,  for 
the  conjunct  fee  of  the  third  part  lands  of  Middle  Disblair,  for  warranty  of  John  Johne- 
stoune's   title   to   which  she  held  George  Johnestoune   liable.       Infra   9  July    1617, 
Decree  Books  Vol.  II.    Cautioner  James  Lyell  of  Brinaleidie  [or  Bomaleidie],  who  pro- 
rogated the  jurisdiction  of  the  Sheriff  of  AM. 

24.  Discharge  of  a  Decree.     Margaret  Annand,  widow  of  Robert  Woid  of  Auchin- 
darge,  in  favor  of  Arthur  Johnestoune  in  Auchindarge  and  Thomas  Greig  at  the  Mylne 
of  Fiddes.      This  was  a  Discharge  of  a  Decree  of  Eviction  and  Spuilzie  obtained  in  the 
Sheriff  Court.     Two  notaries  signed  the  entry  for  the  lady  who  could  not  write. 

Reset  of  Theft.  Mr.  Wm.  Barclay,  Procurator  Fiscal  v.  George  Johnestoun, 
burgess  of  Abd.  The  charge  was  for  "melling  &  recepting  of  Metie  Boig1  with  ane 
fang  of  the  sowme  of  Five  hundreth  merks  stowin  monie  and  for  recept  of  the  said  thif- 
teous  bute."  Cautioner  Robert  Tohnestoun  of  Cremound. 

I  For  another  incident  in  this  woman's  history  vide  p.  15  supra. 
'54 


Judicial  Enactments:  Vol.  EL,  Contents 

1610. 

Jany.  27.  Loosings  of  Arrestments.      Alex.  Buchane  of  Auchmacoy  v.  Andrew  Reid  of 

Collestoune.     A  claim  for  rents  of  Cotthill  of  Collestoune.     Cautioner  Mr.  Wm.  Reid, 
burgess  of  Abd. 

31.  Alexr.  Cruikschank  in  Ellone  v,  John  Stewin  in  Coilhill.      Cautioner  Mr.  Alexr. 

Seytoune,  indweller  in  Abd. 

Renunciation.  Agnes  Gordoune,  Ladie  Wattertoune,  widow  of  George  Baner- 
man  of  Wattertoune,  renounced  in  favor  of  Alexr.  Banerman  of  Wattertoune,  her  son 
(for  considerations  arrived  at  by  arbitration),  her  rights  to  the  lands  and  Barony  of 
Elsick  in  Kincardineshire  [fully  specified  in  the  entry],  and  also  to  the  lands  and  Barony 
of  Wattertoune  [also  fully  specified]. 

Febry.  7.  Loosings   of  Arrestments.      The  Crown  &  Sheriff  v.  Estate  of  the  late  John 

Lintoune  at  the  Brig  of  Done.     Linloune  was  alleged  "to  have  puttin  violent  hand  and 
drownit  himselff."     Cautioner  Patrick  Leslie,  burgess  of  Abd. 

9.  Alexr.  Forbes  in  Turriff  v.  John  Tod,  there.     A  claim  for  the  alleged  spoliation  of 

"  tua  fir  beddis."     Cautioner  George  Cruikschank,  burgess  of  Abd. 

17.  Richard  Symsone  at  the  Mylne  of  Dilspro  v.  Marjorie  Chalmer,  widow  of  Patrick 

Ray  in  Denstoun.     Claim  for  abstracted  multures.      Cautioner  George  Kyng  in  Grand- 
hame. 

23.  Jean  Merser,  Executrix  of  Robert  Merser,  sometime  in  Tombeig,  Elspet  Irving, 
his  widow,  and  John  Gordoune,  now  her  husband  v.  John  Merser  in  Inver.      The 
alleged  spuilzie  of  16  lambs,  a  black  mare  and  a  horse.      Cautioner  Wm.  Lessell  in 
Dillab. 

24.  Removing.     Gilbert  Johnestoune  of  Muirtoune  v.  Andrew  Weill  in  Barrache  of 
Bourtie  and  Violet  Forbes,  his  wife,  who  bound  themselves  to  remove  from  Muirtoune 
at  Whitsunday,  under  penalty  of  500  merks. 

March  I.  Loosings  of  Arrestments.      Andrew  Reid  of  Collestoune  v.  Alexr.  Buchane  of 

Auchmacoy.      Alleged  spuilzie  of  "certane  lyme  steanis"  out  of  the  "  Quarrell  he  win 
of  [?]  Perthudden."     Cautioner  Henry  Buchane,  burgess  of  Abd. 

2.  Alexr.   Cheyne  of  [f]  Denneburne  v.  John  Stot  in  Inverurie.       Cautioner  Wm. 

Adame  in  Muirtoune  of  [?]  Finchane. 

Lawborrows — Mutilation.  Robert  Baxter,  Armorar,  burgess  of  Abd.  v.  Wm. 
Patersone,  son  of  the  late  Robert  Patersone,  Litster  in  Abd.  Caution  £100.  Cau- 
tioner Mr.  Robert  Irving  of  Moncoffer. 

5.  Loosings  of  Arrestments.    John  Lockie  in  Cragerne  v.  John  Auld  in  Bouak. 

Cautioner  Alexr.  Chalmer  at  the  Brig  of  Done. 

7.  George  Wodman  in  Carnebana  v.  James  Merschell,  Messenger  in  Perkburne  of 

Fywie.     Claim  for  the  alleged  Spuilzie  of  "  fourtie  aucht  stains  woll  troy  wecht  pryce 
of  ilk  stane  tuelf  punds."     Cautioner  Andrew  Duncane,  Burgess  of  Abd. 

155 


Aberdeenshire  Sheriff  Court : 

1610. 

March  7.  Loosing  of  Arrestment.     The  said  George  Wodman  r.  John  Boige  in  Brigend 

of  Cask.     The  same  claim  as  in  previous  entry.     Cautioner  the  said  James  Merschell. 

10.  Revocation  of  Deeds  granted  in  Minority.  George  Banerman  of  Asleid 
stating  himself  to  be  under  21,  besides  a  general  revocation,  specially  revoked  a 
Bond  between  him  and  Alexr.  Seytoune  in  Ellone.  The  occupation  of  part  of 
Clayhills  in  Ellon  was  involved.  The  rare  word  "  blokingis  "  occurs  in  this  entry. 

Lease.  Wm.  Lorimer,  Burgess  of  Abd.  liferenter  of  Siefeild  in  the  Barony  of 
Slains  and  Thomas  Forbes,  Burgess  of  Abd.  the  Fiar  thereof  in  favor  of  Agnes 
Vilguiss  widow  of  James  Gibsone  in  Siefeild.  This  act  was  practically  a  lease  to 
the  widow  as  "  kyndlie  tennent  &  occupiar  "  for  five  years,  and  in  case  of  her  death 
to  her  assignees  not  being  "  of  hier  degrie  nor  estait  nor  umquhill  James  Gibsone  hir 
husband."  Among  the  duties  payable  was  one  of  "sax  bollis  nicill  rin  mett "  to  the 
"  Kingis  Colledge  of  Auld  Abd." 

15.  Loosings    of    Arrestments.       Robert    Hay,    Burgess  of   Kirkcalclie,   Thomas 

Anclersone  in  Cauldwalls,  Messrs.  Thomas  Nicolsone  and  John  I.eyth,  Commissaries 
of  Abd.  v.  Robert  Lowrenstoune  in  Tillidcisk.  Cautioner  Alexr.  Lowrenstoune, 
Wricht,  Burgess  of  Abd. 

19.  John  Forbes,   Younger  of  Poflug  v.  George  Gareoche  in  Kiustair.       Cautioner 
Robert,  Commendator  of  Monymusk. 

April    4.  John  Wilsone  in  Bogheid  of  Fywie  v.  David   Hay  at  the  Corss  of  Jakstoune. 

Cautioner  Alexr.   Mowtray,  Burgess  of  Abd. 

Mar.  25.  Renunciation   of   Lease.      Gabriell    Stalker,    Maltman,    Burgess   of   Abd.    in 

(Entered  favor    of    Thomas    Cheyne    of    Raniestoune.       Part    of    the    town     and    lands    of 

out  of  Ferihill    in    the    parish     of    Sanct     Machar,    of    which    Stalker's    lease    was    still 

date),  unexpired. 

April  u.  Loosings  of  Arrestments.      Alexr.  Cuming  of  Culter  v.  Robert  Farquhar  in 

Bindzell.      Cautioner  Patrick  Farquhar,  Burgess  of  Abd. 

12.  David  Hay  at  the  Corss  of  Jakstoune  v.  John  \Vilsone  in  Bogheid.       Cautioner 

Walter  Grant  in  Badequhishe. 

20.  Assault — Blood-Drawing,  etc.      The  Crown  v.  John  Muirisone  at  the  Mylne 
of  Kyntor.      Muirisone  was  charged  with  the  "  crewell  &  onmercifull  oppressing  of 
Thomas  Mackie  Scuilmaister  in  Kyntor  be  cuming  to  the  said  Thomas  housiss  upone 
the  luelt  day  of  Apryll  last  by  past  &  thair  strak  and  dang  up  his  chalmer  doir  to  haue 
takin  his  lyf  and  thaireftir  be  passing  to  the  said  Thomas  scuill  and  oppressing  his  haill 
scollerds  as  also  for  the  alledgit  striking  of  his  wyif  callit  Mariore  Ross  throche  the 
hand  with  ane  chissell  to  the  gryt  effusione  of  hir  bluid."      Cautioner  Thomas  Moir  in 
Torrieburne. 

24.  Loosing  of  Arrestment.     Patrick  Gordoune  of  Fola  and  Wm.  Cassie  in  Chepel- 

toune  v.  James  Innes  now  in  Annachie.  Cautioners  George  Cruikschank  in  Auchter- 
ellone  and  Mr.  Alexander  Innes  "  Maister  of  Skoull  "  at  Ellone. 


Judicial  Enactments:  Vol.  II.,  Contents 

1610. 

April  28.  Theft  and  Reset  of  Theft.     The  Crown  v.  Patrick  Corser  and  Isobell  Rattrie 

his  wife.  There  was  a  general  charge  of  theft  and  reset  and  "  speciullie  for  the  recept 
of  the  thifteous  fangis  of  George  Duthie."  Cautioners  Gilbert  Gordoune  and  David 
Cargill,  Burgesses  of  Abd. 

May    18.  Renunciation  of  Tenancy.     Mr.  Robt.  Paip,  Advocate  in  Abd.  for  himself  and 

his  son  Mr.  Wm.  Paip  in  favor  of  John  Lyoune  of  Middiltoune  of  Knokinblewis. 
Some  right  to  the  occupation  of  six  oxcngait  of  Middiltoune  had  apparently  come  to 
Mr.  Robert  Paip  and  his  son  by  the  death  of  one  William  Paip.  This  right  was  here 
renounced  and  discharged. 

Loosings  of  Arrestments.  Dame  Agnes  Sincler,  Countess  of  Erroll  and 
Alexr.  Gordoune  of  Strathdowne,  her  husband  v.  Walter  Bodie  in  Ardiffrie. 
Cautioner  Mr.  George  Bodie,  burgess  of  Abd. 

19.  Wm.  Cassie  in  Chepeltoune  v.  David  Robertsone  at  the  Mylne  of  Chepeltoune. 

Cautioner  Wm.  Gray  at  the  Mylne  of  Schewes. 

Isobell  Gordoune  and  George  Gordoune  of  Beldornie,  her  husband  T.  Robert 
Nisbet  in  Boighoill.  Cautioner  John  Kinneir,  burgess  of  Abd. 

21.  The  Marquis  of  Huntlie,   etc.,   v.  John  Chalmer  of  Drumbulge.      The  hand  of 

the  Marquis  in  arresting  was  "  Sir  Thomas  Kar  of  IJertho  knicht  factour  &  uptaker  of 
the  said  nobill  lord  [s]  lei  wing."  Cautioner  Alexander  Chalmer  of  Cowburtie. 

Mr.  Robert  Udnye  of  Tillicorthie  v.  Wm.  Materis,  Wm.  Woid  and  Thomas 
Thomsone  in  Cowsteanes.  Each  of  the  arrestees  was  cautioner  for  the  other. 

Dame  Agnes  Sincler,  Countess  of  Erroll  v.  James  Hay  in  Tenthenis.  Cautioner 
Wm.  Hay  in  Cask. 

Dame  Agnes  Sincler,  etc.  v.  Alexr.  Lowrenstoune  in  Uner  Aucheirie.  Cautioner 
Gilbert  Smyth  in  Burnaluiff. 

23.  Nicolas  Wardlaw,   Ladie  Bonytoune  v.  John  Blak  at  the  Mylne  of  Wausbirnes. 
Cautioner  David  Leask  of  Ower  Leask. 

24.  Dame  Agnes  Sincler,   etc.   v.   Alexr.   Jamesone  in  Uner  Aucheirie.      Cautioner 
John  Moir  in  Craigheid. 

Wm.  Meldrum  of  Badinscoth  v.  James  Robertsone  in  Bankheid  of  Badinscolh. 
Cautioner  Patrick  Gordoune  in  Monletie. 

25.  Patrick    Cruikschank   in  Ardiffrie  v.    Andrew   Mylne  at  the  Mylne  of  Ardiffrie. 
Special  arrestment  of  sums  of  money  in  the  hands  of  Andrew  Gareoche  in  Ashallo  and 
James  Annand  at  the  Kirk  of  Crowden.      Cautioner  John  Mylne,  Cowper,  burgess  of 
Abd. 

Wm.  Cassie  in  Chapeltowne  v.  Thomas  Mairchand  in  Chapeltowne  of  Schewes. 
"  The  tymer  that  was  in  the  Chapeltowne"  was  specially  arrested.  Cautioner  Wm. 
Gray  at  the  Mylne  of  Schewes. 

May  26.  Dame  Agnes  Sincler,  etc.  v.  Barbara  Lyndrum.     Cautioner  Alexr.  Annand  at  the 

Mylne  of  Annachie. 

157 


Aberdeenshire  Sheriff  Court  t 

1610. 

May  26.  Renunciation.      Janet  Ramsay,   wife  of  John   Leslie,   younger  of  New  Leslie, 

renounced  in  favor  of  Andrew  Leslie  of  New  Leslie,  her  father-in-law,  all  rights,  which 
she  might  have  under  her  Marriage  Contract,  to  the  lands  of  Edderlick  in  the  Parish  of 
Premnay  and  Regalitie  of  Lundorris. 

28.  Loosing  of  Arrestment.     Walter  Cheyne  of  Arnage  v.  Alexr.  Forbes,  cotter  in 
Arnage.     Cautioner  Alexr.  Reith  in  Tillidesk. 

Renunciation  and  Discharge.  Katherine  Irvine,  wife  of  Mr.  Robert  Gordon 
of  Fechill  with  consent  of  her  husband  and  of  Abraham  Forbes  of  Blaktoune  and 
George  Gordoun  of  Coclarauchie  in  favor  of  James  Ogilvie  of  Blarok.  Ogilvie  was  a 
cautioner  for  the  fulfilment  of  the  husband's  obligations  under  the  lady's  Marriage 
Contract,  dated  at  Wester  Beltie  and  Blarok  on  21  and  30  November,  1608.  By  this 
Act  of  Court,  Ogilvie  was  released.  The  lairds  of  Blaktoune  and  Coclarauchie  were 
presumably  bound,  along  with  Ogilvie,  so  that  their  consent  to  his  discharge  would  be 
necessary.  The  entry  is  signed  by  all  the  four  granters. 

Loosings  of  Arrestments.  Nicoll  Ross,  Fiar  of  Auchlossin  v.  Alexr.  Chalmer 
of  Balnacraig.  Cautioner  John  Gardyne  in  Bellamor  whom  Robert  Chalmer  in 
Boigloche,  son  of  Alexr.  Chalmer,  bound  himself  to  relieve. 

29.  Thomas  Meldrum  of  Iden  v.  Robert  Patersone  in  Home  and  Alexr.  Makie  at  the 
Kirk   of    Kineduard.        Cautioner   George    Forbes,    servitor    to    the    "  Guidman    of 
Auchintowll,"  to  whom  John  Calder  or  Caddell  in  the  Home  granted  an  obligation 
of  relief. 

Discharge  and  Assignation  of  Action  of  Spuilzie.  Charles  Troter,  servitor 
to  Alexr.  Gordoune  of  Clunie  in  favor  of  James  Smyth  in  Grein  Ailhous.  The  claim 
was  for  a  "  blak  hors  quhyt  tippit "  taken  from  the  Forrest  of  Brass  in  August  1609. 
Of  his  action  of  Spuilzie  Troter  discharged  Smyth  and  assigned  it  to  him  so  that  he 
might  sue  John  Nauchtie  in  Balbly,  [Balblair]  Archibald  Mackie  there  and  Andrew 
Strathquhin  in  Dilbrek. 

Loosings  of  Arrestments.  Mr.  Win.  Burnet,  Minister  at  Kinnernie  v.  Mr. 
John  Ross,  Minister  at  Cluny.  The  arrestment  was  laid  on  the  Vicarage  and  small 
teinds  of  Drumnahoy  and  Bleirneill  [Braeneil].  Cautioner  Thomas  Robertsone  in 
Drum. 

John  Glass  in  Newbigin  of  Ruthven  v.  James  Gordoune  in  Tarow.  The  effects  of 
the  late  John  Gordoune  of  Blarok  which  James  Gordoune  was  said  to  have  intromitted 
with.  Cautioner  George  Gordoune  in  Blarok. 

31.  Renunciation    and    Ratification.       Christiane   Lorremer,   wife   of  John   Hay, 

burgess  of  Abd.,  in  favor  of  Wm.  Forbes  of  Tolquhone.  John  Hay  had  been  the 
holder  of  Bonds  (the  dates  of  which  are  given)  on  which  the  names  of  Alexr.  Fraser 
Apparent  of  Phillorthe,  Wm.  Hay  of  Urie,  Andrew  Fraser  of  Stainiewod,  Thomas 
Fraser  of  Streichin,  Alexr.  Annand  of  Ochterellone,  James  Ogilvie  of  Birnes,  Alexr. 
Fraser  of  Duris,  George  Craufuird  of  Annachie,  Wm.  Birnie,  burgess  of  Fraserburgh, 
and  John  Greig,  Tyimber  man  there  appeared  as  obligants.  These  bonds  he  had 
assigned  to  Tolquhone.  His  wife's  consent  was  taken  in  the  manner  set  forth  in  this 
entry. 

158 


Judicial  Enactments:  Vol.  IL,  Contents 

1610. 

June     I.  Renunciation    and     Ratification.        Helen    Mackwilliame,    wife     of    Arthur 

Hendersone,  renounced  in  favor  of  James  Gordoune  of  Knokaspok,  all  her  rights 
of  conjunct  fee  or  otherwise  in  the  lands  of  Clat. 

2.  Loosing;   of  Arrestment.      George  Kar,  younger  of  Benvells  v.  Andrew  Fynnie 

in  Kirkhill  of  Benvells,  Wm.  Massie  there  and  Andrew  Mitschell  there.  "  Bigings  of 
tymber  werk  thairin  duris  &  windowis."  Cautioner  George  Keyth  of  Glakreauche. 

Removing.  Robert  Thomsone  in  Lytill  Gowill  for  himself  and  his  son  Walter  in 
favor  of  John  Gordoune  of  Tilligreig.  John  Gordnune  of  Tilligreig  is  in  this  entry 
styled  heritable  proprietor  of  Lytill  Gowill  in  the  Parish  of  Sanct  Maucher,  from  8 
oxengait  of  which,  and  the  Walk  Mylne  thereof,  Thomsone  consented  to  remove. 

Loosing  of  Arrestment.  Nicolas  Wardlaw,  Ladye  Bonytoune  v.  John  Blak  at 
the  Myl  of  Birnes.  Cautioner  David  Leisk  in  the  Manes  of  Leisk. 

i.  Renunciation  and  Discharge.     Dame  Margaret  Ogilvie,  Countess  of  Merschell 

in  favor  of  Gilbert  Keyth  of  Troup.  This  was  the  Countess'  judicial  consent  to  and 
ratification  of  a  Discharge  of  a  wadset  of  8000  merks  held  by  her  husband  Earl  George, 
over  the  lands  of  Troup.  The  Earl  and  Countess  were  both  in  Court  and  were  stated 
to  appear  for  themselves  and  James  Keyth  their  eldest  son,  but  they  did  not  sign  the 
entry.  The  contract  of  wadset  was  dated  at  Cuschnie  24  December  1600. 

4.  Loosings    of   Arrestments.      Alexr.    Copland    of   Udoche   v.    Alexr.    Keyth, 

apparent  of  Pettindrum.     Cautioner  Robert  Keyth  of  Auldmad. 

6.  WTm.   Forbes  of  Logic  Fintray  and  Lucras  [Lucretia]  Hervie  his  wife  v.  John 

Burnet  in  Elrick.     Cautioner  Alexr.  Moir,  Wobster,  burgess  of  Abd. 

9.  Renunciations  and   Discharges.      Margaret   Balfour,   wife   of  John   Gordoun 

sometime  of  Brekey  and  daughter  of  Sir  James  Balfour  of  Peitcullo,  knight,  in  favor  of 
John  Lyoune  of  Middiltoune  and  Alexr.  Lyoune  his  son,  Fiar  thereof.  This  was  the 
lady's  consent  to  and  ratification  of  a  conveyance  by  her  husband  to  John  Lyoune  and 
his  son  in  liferent  and  fee  of  the  lands  of  Brekay,  Maynis  of  Brekay  .  .  and 
pendicles  called  Raebadds  and  Quhytwall  and  of  the  lands  of  Glaschaw  and  pendicle 
called  Reidfurde,  Mill  of  Glaschaw,  Lands  and  Forest  of  Drumcowten  all  lying  in 
the  Barony  of  Knokinblewis. 

Sarah  Leslie,  wife  of  James  Gordoune,  sometime  of  Brekay  in  favor  of  Wm. 
Blakhall,  apparent  of  that  Ilk.  A  contract  had  been  entered  into  between  James 
Gordoune  and  John  his  brother  and  Wm.  Blakhall  affecting  the  Lands  of  Quhytcors  in 
Logiedurno,  which  James  Gordoune's  wife  here  ratified.  Alexr.  Blakhall,  father  of 
William,  appeared  as  procurator  for  his  son  and  there  is  a  suggestion  in  the  entry  that 
Mr.  Robert  Paip,  Advocate,  was  a  son-in-law  of  Alexr.  Blakhall.  Vide  Supra  p.  18. 

12.  Loosing     of    Arrestment.        Thomas    Cowie,    younger,    burgess  of  Abd.    r. 

Patrick  Menzeis,  burgess  of  Abd.     Cautioner  Alexr.  Gray,  burgess  of  Abd, 

159 


Aberdeenshire  Sheriff  Court: 

1610. 

June  22.  Loosing  of  Arrestment.      John  Johnestoun  in  Mylnebrek  r.  George  Clerk  in 

Aden.     Cautioner  Win.  Keyth  in  Perkhous. 

[?]  10.  Removing  and  Mutual  Discharge.  Alex.  Cuming  of  Cultar  and  John  Gordoune 
of  Crabistoune.  A  long  entry  occurring  here  seems  to  be  the  last  act  of  a  dispute 
regarding  the  lands  of  Lastis,  alias  Lachtis,  in  the  Barony  of  Cultar,  which  had  been 
settled  by  a  Decree  of  the  Court  of  Session  in  an  Action  of  Declarator  of  Redemption 
at  the  instance  of  the  late  Alexr.  Cuming  of  Cultar  against  John  Gordoune.  The  Act 
of  Court  contains  a  consent  by  Gordoune  to  relinquish  possession,  a  Ratification  by  him 
of  the  Court  of  Session  Decree  and  an  obligation  that  Margaret  Cultis,  his  wife,  should 
appear  before  a  judge  ordinary  aud  give  her  consent  and  ratification.  On  the  other 
hand  Cuming,  as  representing  Alexr.  Burnat  of  Leyis,  who  had  had  right  to  the  ward, 
relief  and  non-entries  of  the  Barony  during  the  minority,  and  also  for  himself,  discharged 
Gordoune  of  all  payments  that  could  be  asked  of  him  for  his  occupation  of  the  lands. 
The  original  donator  to  the  ward,  &c.,  was  Alexr.  Earl  of  Drumfermling,  Lord  Fyvie, 
&c.,  Chancellor  of  Scotland,  who  assigned  his  right  to  the  Laird  of  Leyis. 

29.  Loosing  of  Arrestment.     David  Andersone  in  Litill  Gowill  v.  Henry  Ray  in 

Balbithane.     Cautioner  Alexander  Gordoune  in  Cowsteaines. 

July      4.  Removing  and  Lease.     Thomas  Leslie  in  Chrystis  Kirk  in  favor  of  Andrew 

Leslie  of  New  Leslie  and  Andrew  Leslie  to  Thomas  Leslie,  (i)  Thomas  Leslie  bound 
himself  to  remove  from  "  the  Brewing  of  Chrystis  Kirk  and  preueledge  thairof"  and  to 
cause  Margaret  Wat,  wife  of  Alexander  Jarden,  to  "  seas  from  brewing  and  selling  of 
aill  and  beir."  (2)  Andrew  Leslie  let  to  Thomas  Leslie  the  fourth  part  of  the  town 
and  lands  of  Chrystis  Kirk  in  Kennethment  upon  various  conditions  as  to  rent,  buildings 
and  keeping  good  neighbourhood,  which  are  of  a  very  interesting  kind. 

n.  Renunciation  and  Discharge.  Marjorie  Straquhan,  wife  of  John  Leslie,  son 
of  Patrick  Leslie  of  Kyncragie,  and  daughter  of  Wm.  Straquhan  of  Tippertie  in  favor 
of  the  said  Wm.  Straquhan  In  terms  of  her  Marriage  Contract  dated  in  1610  to 
which,  in  addition  to  those  already  named,  George  Leslie,  the  eldest  son  of  Patrick 
Leslie,  was  a  party,  the  lady  discharged  a  wadset  in  her  favor  over  the  half  town  and 
lands  of  Tippertie  and  half  of  the  croft  called  John  Ross'  croft. 

Loosing  of  Arrestment.  Alexr.  Irving  of  Drum  v.  John  Herwie  and  others  in 
Waster  Fintray.  Peats  in  the  Moss  of  Saphak.  The  arrestees  were  cautioners  each 
for  the  other. 

17.  Theft  and  Reset.     The  Procurator  Fiscal  v.  Patrick  Corsar,  burgess  of  Abd.  and 

Isobel  Rattrie,  his  wife.  There  was  specially  charged  the  "recept  of  the  thifteous 
fangis  of  George  Duchir."  Cautioner  David  Cargill,  burgess  of  Abd. 

Loosing  of  Arrestment.  James  Grant  of  Inverernane  v.  Inghrame  Chalmer 
in  Ower  Invernochtie,  John  Moir  younger  in  Balnabodoche,  Allaster  Keandiche  and 
Patrick  Keandiche  younger  in  Tolloquhill  and  Allaster  Andersone  in  Fynnylost.  Peats 
in  the  Moss  of  Correbrak  and  Carnequheicht.  Cautioner  George  Elphinstoun,  Saidler, 
burgess  of  Abd. 

160 


Judicial  Enactments:   VoL  IL,  Contents 

1610. 

July   21.  Abduction  with  Intent  to  Murder.     The  Procurator  Fiscal  v.  Wm.  Andersone 

in  Fowlartoun  of  Thainstoun.  The  charge  was  of  "  aiming  to  the  houss  of  Patrick 
Forbes  in  Kintoir  &  thair  under  silence  and  cloud  of  nicht  and  taiking  the  said  Patrick 
furthe  of  his  bed  and  haveing  him  to  the  muntaines  to  haue  murdrit  him."  Cautioner 
David  Meluill,  servitor  to  the  Laird  of  Tollquhone. 

28.  Loosings  of  Arrestments.     Paull  Menzeis   of  Kynmundy  v.  John   Leith   of 

Edingarioche  and  Annas  Keyth,  widow  of  Robert  Menzeis  and  wife  of  Adam  Gor- 
doune,  and  their  tenants.  Another  recrudescence  of  the  dispute  about  the  ownership 
of  the  Hill  of  Drumnagar,  or,  as  it  is  here  alternatively  called,  Middill  Hill  of  Boighoill. 
Cautioner  George  Layng,  burgess  of  Abel. 

31.  James  Ogilvie  of  Blarok  v.  James  Ogilvie  of  Birness.     The  corn  sown  by  Birness 

and  his  tenants  upon  the  bounds  of  Auchleuchreis  Eister  and  Waster,  according  to  a 
minute  description,  was  the  subject  of  this  arrestment.  Cautioner  Alexander  Gordone, 
Notary  Public. 

Robert  Forbes  of  Echt  v.  Robert  Forbes  of  Tillioche.  Peats  in  the  Mosses  of 
Finnersie.  Cautioner  Johne  Gordoune  of  Crabistoune. 

Warding.  John  Gordoune  of  Craig  and  Mr.  John  Fullartowne,  Sheriff  Clerk  of 
Kincardine  v.  Walter  Fraser,  brother  german  to  Sir  Alexr.  Fraser  of  Fraserburgh, 
knight.  According  to  this  entry  Mr.  Michael  Fraser  of  Techmurie  received,  out  of  the 
Sheriff's  ward  and  keeping,  Walter  Fraser,  binding  himself  to  re-deliver  him  to  the 
Sheriff  depute,  within  the  house  of  Mr.  Wm.  Anderson,  the  Sheriff  Clerk,  between  9 
and  10  o'clock  next  morning,  under  penalty  of  .£10,000,  which  was  to  be  paid,  if 
incurred,  in  the  proportion  of  10,000  merks  to  Gordon  of  Craig  and  5000  merks  to  John 
Gordon,  the  Sheriff  depute.  An  entry  on  the  margin  signed  by  the  Sheriff  depute 
discloses  the  fact  that  Fraser  was  duly  presented  and  Mr.  Michael  Fraser  discharged. 

Augt.     i.  Loosing  of  Arrestment.       Wm.  Gordoune  of  Abirzeldie  v.  Alexr.  Irving  in 

Auchmoir  and  others.  Peats  upon  Auchmoir.  Cautioner  Mr.  Duncan  Forbes  of 
Balnagask,  whom  Alexr.  Skeine  of  that  ilk  bound  himself  to  relieve. 

Warding.  John  Gordoune  of  Craig  and  Mr.  John  Foullertoune  v.  Walter 
Fraser.  Walter  Fraser  being  entered  on  ward  with  the  Sheriff  depute,  was  again 
bailed  out  by  his  friends  until  5  October.  The  same  caution  was  fixed  as  before,  viz. , 
,£10,000.  In  addition  to  Mr.  Michael  Fraser  of  Techmurie,  there  were  now  included 
as  cautioners  Alexr.  Annand  of  Ochterellon,  Andrew  Fraser  of  Tyrie  and  John  Fraser 
of  Memsie.  The  place  of  ward  was  to  be  the  dwelling-house  of  Thomas  Cowie,  elder, 
"  closs  and  yeards  thairof  quhilk  houss  lyis  upone  the  wast  syde  of  the  Gallowgait  of 
Abd.  sumtyme  perteining  to  Wm.  Wedderburne,  Burgess."  Liberty  was  given  to 
Fraser  should  it  be  necessary  for  his  health  "to  repos  himself  within  Abd.  and  ane 
myll  about  the  said  burgh.''  The  house  of  the  Sheriff  Clerk,  at  which  he  was  to  be 
delivered  up  on  Octr.  5,  was  also  on  the  West  side  of  the  Gallowgate.  A  marginal 
note  testifies  that  ward  was  kept  and  the  cautioners  discharged  ;  but  no  other  entry 
has  been  found. 


Aberdeenshire  Sheriff  Court : 

1610. 

Augt.    2.  Loosing  of  Arrestment.     Jeane  Skeine,   Ladie  Buchquhyne   [Balquhain]   and 

John  Leslie,  her  husband,  v.  Wm.  Keathe  of  Petindrum,  Marjorie  Barclay,  his  mother, 
and  others.  Peats  cast  within  what  were  alleged  to  be  the  bounds  of  Fenzeis,  of  which 
Mrs.  Leslie  was  liferentrix.  Cautioner  Wm.  Pelindreiche,  elder,  in  Petindrum. 

3.  Obligation    by    Liferentrix    for    Upkeep    of    Estate.      John    Gordoune    of 
Crabistoune  and   Thomas   Gordoune   of    Grandoun    became    cautioners    for   Beatrix 
Gordoune,  widow  of  John  Forbes  of  Echt  in  the  following  circumstances.      Robert 
Forbes  of  Echt  had  obtained  an  order  of  the  Court  of  Session  to  cause  the  lady  as 
liferentrix  of  the  lands  and  barony  of  Echt,  to  maintain  the  buildings,  &c.,  and  "  on 
nowayis  to  waist  cast  doun  cutt  or  distroye  the  planting  or  pollece  "  [policies]  of  the 
lands,  "  nor  yit  intromit  with  the  treis,  tymber,  grouthe  or  planting  of  the  saids  woids 
&  forrestis."     The  barony  comprised  lands  in  the  three  counties  of  Aberdeen,  Banff 
and  Kincardine. 

4.  Loosings  of  Arrestments.     Gilbert  Leisk  in  Raneishill  v.  Patrick  Cortanes  in 
Petmukstoune.     A  sum  of  9  merks  in  the  hands  of  John  Glennie  in  Raneishill  was 
specially  arrested.     Cautioner  Patrick  Bisset,  burgess  of  Abd. 

8.  Duncan  Bonar  v.  John  Gillespie  in  Polfluig.     Bonar  was  assignee  to  an  arrestment 

used  by  Katherine  Inghrame  and  Andrew  Bonar,  her  husband.  Cautioner  Henry 
Forbes,  burgess  of  Abd. 

15.  George  Andersone,  Skipper,  burgess  of  Abd.  'a.  David  Robertsone,  Mariner  in 

Futtie.     Cautioner  Gilbert  Davidsone,  Tailzeour,  burgess  of  Abd. 

18.  John  Leyth  of  Edingerrak  and  others  r.  the  tenants  of  Paull  Menzeis  of  Kynmundie. 

The  Peats  on  Drumnagair  again.     Cantioner  James  Menzeis,  burgess  of  Abd. 

Assault— Blood-drawing.  Mr.  Wm.  Barclay,  Procurator  Fiscal  7.-.  Wm. 
Andersone  in  Fowlerloune  of  Thansloune.  The  unmerciful  hurting  wounding  and 
blood -drawing  of  Robert  Vatsone  at  the  Milne  of  Thenstoune.  Cautioner  David 
Meluill,  servitor  to  the  Laird  of  Tollquhone. 

Loosings  of  Arrestments.  Wm.  Cowper  in  Kintor  v.  Andrew  Cowttis  at  the 
New  Milne  of  Sachin.  Cautioner  James  Cowttis  in  the  Mylne  of  Holl. 

Wm.  Cowper  in  Kintor  r.  Alexr.  Glanie  in  Badintuch.  Cautioner  James 
Cowttis  at  the  Mylne  of  Holl. 

25.  Thomas  Syme  in  Esselmont  r.  John  Chene  of  Claymyris.     Peats  "  in  the  heid  of 

the  wardis  of  the  South  syd  of  the  Mains  of  Esselmont."  Cautioner  Andrew  Procutor 
in  Fechell. 

27.  Warding.     The  Procurator  Fiscal  and  Jeane  Stewart  and  George  Gardyn  in 

Blairtoun,  her  hushand  v.  Andrew  Davidsone  in  Blairtoun  and  Margaret  Edmond,  his 
wife.  Mr.  and  Mrs.  Davidsone  were  in  ward  in  the  Tolbooth,  having  been  fined 
£100,  payable  to  the  Fiscal,  and  ^100  to  Jeane  Stewart  and  her  husband.  They  were 
released  upon  Mr.  Robert  Gardyn  of  Blairtoun  becoming  cautioner  for  their  appearance 
on  5  Octr.,  "  betuixt  sone  ryising  &  going  to  thairof  "  or  in  case  of  failure  for  payment 
by  him  of  their  fines. 

162 


Judicial  Enactments:  VoL  IL,  Contents 

1610. 

Augt.  27.  Assault — Blood  Drawing.     The  Procurator  Fiscal  and  Wm.  Blak  and  Robert 

Forbes,  his  master  v.  Alexr.  Uuncane  in  Petmurchie.  The  cautionary  obligation  of 
Thomas  Burnett  of  Ennettis  for  the  appearance  of  the  accused  was  in  writing  and  was 
presented  by  Mr.  Robert  Davidsone,  Advocate,  his  procurator. 

Theft  by  Housebreaking.  Robert  Forbes  of  Eister  Tolmaidis  v.  Alexr. 
Straquhan  in  Brockhollis.  Straquhan  was  charged  with  "  braking  up  of  barnc 
dorris  &  steiling  of  v  stein  of  cheissis  fyw  irine  sommes  [or  scemes]  with  ane  dowsone 
of  oxin  bowis  &  tua  staigis."  Cautioner  Patrick  Etterschank  in  Larnie. 

u.  Renunciation  and  Discharge.     Mr.  George  Herwie  in  Waster  Disblair  in  favor 

of  Wm.  Chalmer,  Portioner  of  Waster  Disblair.  This  was  a  written  document  dated 
at  Old  Abd.,  27  May,  1610,  and  now  registered  whereby  Herwie  renounced  the  shadow 
half  of  Waster  Disblair.  The  witnesses  were  Charles  Chalmer,  sometime  of  Tillikeirie, 
Arthur  Chalmer  of  Collehill,  Alexr.  Lillie  in  Old  Abd.,  Robert  Chalmer  and  James 
Chalmer,  brother  to  Win.  Chalmer,  George  Reidheid,  servitor  to  Lillie,  and  Wm. 
Chalmer,  Student. 

Septr.  3.  Loosing   of  Arrestment.       James   Silver   in  Tullichen   v.    Barnat   Stewart  of 

Marywall,  John  Chopman  there  and  Ross  of  Tillisnacht.     The  defenders 

were  apparently  debtors  of  the  late  Robert  Burnat  of  Drumneochie.  Cautioner  John 
Forbes  of  Tillikirie. 

4.  Sheepstealing.       Mr.    Wm.    Barclay,    Procurator    Fiscal   v.    Robert   Gardyne. 
"  Steiling  and  merking  of  ane  gimmer  and  sum  lambes  with  uther  sundrie  poyntis  of 
thift."     Cautioner  George  Elphinstoune,  burgess  of  Abd.,  and  Sadaler. 

5.  Loosings   of    Arrestments.      James   Keyth    of  Kynnadie  v.   Alexr.    Mill  in 
Scottismill  and  Thomas  Glenny  there.      Com  and  grass  sown  and  "  hainit "  on  the 
commonty  of  Kynnadie.     Cautioner  Andrew  Keyth  of  Carntradlein. 

6.  Thomas  Meingzies  of  Cultis  v.   Thomas   Fraser   in   Cowntiswallis  and  Andrew 
Sangster  in  Pettfoddells.     Cautioner  Gilbert  Chalmer  of  Cowntiswallis. 

Judicial  Ratification.  Alexr.  Forbes,  sometime  of  Thanstoune,  and  Wm.  Forbes 
in  Tertowie,  his  son,  in  favor  of  Patrick  Grant  of  Banandalache.  This  was  apparently 
the  final  act  in  a  bit  of  old  family  history.  [Supra  5  May,  1603,  p.  37.]  On  7  Octr., 
1609,  a  Discharge  had  been  granted  by  the  Forbes's  to  Patrick  Grant  as  son  and  heir 
of  the  late  Patrick  Grant  for  800  merks,  which  was  the  tocher  promised  by  the  latter 
with  the  late  Janet  Grant,  his  daughter,  when  she  wedded  with  Alexr.  Forbes  in  1565. 
This  discharge  was  now  ratified  in  Court  by  the  granters. 

17.  Loosings  of  Arrestments.     Andrew  Leslie  of  New  Leslie,  John  Leslie,  apparent 

thereof,  and  Janet  Ramsay,  wife  of  John  Leslie  v.  John  Andersone  in  Auld  Leslie. 
Claim  for  rents  of  the  "  Tempill  landis  of  Chrystis  kirk  "  and  for  "  demolesing  of  the 
biging  of  the  samen."  Cautioner  Wm.  Leslie  in  the  Milne  of  Buchanestoun. 

19.  Alexr.  Irving  of  Drum  v.  Alexr.  Cuming  of  Coulter.     Corn  growing  upon  the 

"  debaitabill  lands  lyand  betuixt  the  lands  of  Craigtowne,  Hollmylne  and  Tullioche. " 
Cautioner  Gilbert  Chalmer  of  Countiswalls. 

163 


Aberdeenshire  Sheriff  Court: 

1610. 

Septr.  20.  Mutilation.       Mr.    Wm.     Barclay,    Procurator  Fiscal    v.    Wm.    and     Andrew 

Cruickshank  in  Glenmallig  and  Wm.  Durnoch  in  Buss  of  Logic  Auldtoune. 
The  alleged  mutilation  of  Wm.  Mowat  in  Logic  Auldtoune.  Cautioner  George 
Dempster  of  Hassiwallis. 

21.  Loosings  of  Arrestments.     John  Leslie  of  Flinderis  v.  James  Merstoune  and 

George  I^arquhar  in  Auchquharsk.  Corn  sown  upon  that  part  of  Auchquharsk  "  callit 
the  Mother  myr  and  St.  Maluce."  Cautioners  Alexr.  and  Walter  Farquhar  in 
Auchquharsk. 

28.  Mr.  John  Leith,  Commissary  of  Abd.  v  John  Leith  of  Leiklieheid.     Corn  sown 

upon  Auchlevin.     Cautioner  John  Skyne,  burgess  of  Abd. 

Lawborrows.  Oliver  Wobster  in  Auchnacant  v.  Alexr.  Reith  in  Tillidesk. 
Cautioner  Win.  Craigheid,  burgess  of  Abd.  Penalty  300  merks. 

Loosings  of  Arrestments.  John  Arskine  of  Bahagartie  v.  Alexr.  Straquhan, 
Fiar  of  Glenkindie.  Corn  sown  upon  the  part  of  Auchnagat  "  callit  the  laich  moss." 
Cautioner  Mr.  Duncan  Forbes  of  Banagask. 

Mr.  Wm.  Kay,  Chamberlain  to  the  Earl  of  Murray  v.  Thomas  Rob  and  James 
Simmer  in  Fintray.  Cautioner  Wm.  Simmer  in  Haltoune  of  Fintray. 

Theft.  The  Crown  v.  James  Andersone  in  Tailtie.  Cautioner  George  Leslie  of 
Creichie. 

Octr.  10.  Loosings  of  Arrestments.     John  Gordoun  of  Drimmes  v.  Patrick  Kanauch  in 

Auld  Rein  and  John  Kanauch  in  [?]  Bonitowne.  Cautioner  John  Leyth,  apparent  of 
Harthill. 

Gilbert  Chalmer  of  Cowntiswallis  v.  Alexr.  Fraser  in  Brotherfield.  Cautioner 
James  Forbes,  burgess  of  Abd. 

John  Gordoun  of  Drimmes  v.  Isobel  Thomsone,  widow  of  Wm.  Kanauch  in 
Ardune.  Cautioner  John  Leythe,  apparent  of  Harthill. 

13.  John  Leslie  of  Petcaple,  John  Androw  in  Bandache  and  Janet  Ray  his  wife  v. 

John  Davidsone  in  Waster  Fintrey.     Cautioner  John  Merser,  Saidler,  burgess  of  Abd. 

Wm.  Kennedy  in  the  Kirktoune  of  Keonockis  v.  Gilbert  Kay.  Cautioner  David 
Lesk  in  Lesk. 

Mr.  Wm  Barclay,  Procurator  Fiscal  and  Isobel  Forbes,  Lady  Balbegno  v. 
Andrew  Fergusone,  sometime  in  Nedder  Kinmondie.  Cautioner  Gilbert  Fergusone 
in  Nedder  Kinmondie. 

164 


Judicial  Enactments:  Vol.  II.,  Contents 

1610. 

Octr.  13.  Loosings   of  Arrestments.      Wm.   Bisset   of  Auchrenie  v.  Alexr.    Michell   in 

Achiries.     Past  due  rent.    Cautioner  Robert  Perk  in  Roynachie. 

19.  Patrick  Forbes  in   Mekill  Finersie  and  James  Patrie,   servitor  to  Aberzeldie  v. 
James  Forbes  in  Tillanihilt.     Cautioner  Henry  Forbes  of  Newhillis. 

William,    Lord    Keith   v.   James    Davidsone    in    Dummill.      Cautioner  Andrew 
Laurence  in  Toux. 

20.  John  Stewin  in  Collhill  v.  Alexr.  Crukschank  in  Ellene.      Cautioner    Andrew 
Ross  in  Fechell. 

22.  Assaults— Blood-drawing.       The    Crown    v.    Walter    Rogar   in    Rothmuriall. 

Cautioner  John  Leslie  of  Duncanstoune. 

The  Procurator  Fiscal  v.  Wm.  Paxtoune  in  New  Leslie.     Elspet  Eadie  was  alleged 
to  have  been  assaulted.     Cautioner  Walter  Roger  in  Rothmuriall. 

24.  Loosings  of  Arrestments.     Robert  Forbes  of  Echt  v.  Beatrix  Gordoun,  Ladie 

of  Echt.     Cautioner  Adam  Gordoune  in  Milnehilll. 

Robert  Forbes  of  Echl  v.  Donald  Gordoune  in  the  Meanis  of  Echt.     Cautioner 
Adam  Duff  in  Auchdowriie. 

Andrew   Reid,  of  Collistoun  v.    Robert  Vatsone  in  Blairfoull.     Rents  of  Litill 
Drumquhandill.     Cautioner  Peter  Metland. 

29.  James   Andersone    in   Tillichetly  v.   Wm.   Tuch  in  Archballa.     Cautioner   Wm. 

Gariach  in  Archballa. 

Novr.   9.  Alexr.  Gordoune  in  Waster  [?]  Nadye  v.  Adam  Strauchquhane,  brother  and  executor 

of  the  late  Wm.  Strauchquhane  of  Glenkindey.  Cautioner  Alexander  Strauchquhane 
of  Glenkindey,  son  of  William  and  nephew  of  Adam  Strauchquhane. 

10.  Child  Murder  or  Abortion.     The  Crown  v.  James  Andersone  and  Barbara  Kemp 

in  Litill  Drumquhendell.  "  The  alledgit  slauchler  of  ane  bairne  onborne."  Cautioner 
Wm.  Kemp  in  Litill  Arnage. 

Loosings    of  Arrestments.     John   Leslie   of  Balquhane   v.   John   Farchar   in 
Felterneir.     Cautioner  John  Robertsone  in  Faibbertie  [or  Saibbertie]. 

John  Andersone  in  Litill  Varthill  v,  James  and  Arthur  Cruickschank.     Cautioner 
Wm.  Abircrummy  in  Kemmellis. 

14.  Alexr.  Birnie  in  Fraserisburgh  v.  James  Chene  in  Petsligo  and  George  Milne  at 

Milne  of  Forrest.  Claim  for  the  wrongous  comprising  of  his  goods  out  of  the  lands  of 
Thomas  Birnie  in  Kinglasser.  The  cautioner  for  Chene  was  John  Gordone  of  Craig, 
while  Chene  bound  himself  as  cautioner  for  Milne. 


Aberdeenshire  Sheriff  Court  t 

1610. 

Novr.  14.  Judicial  Ratification.     Margaret  Ohbyne  [or  Olybyne]  wife  of  Andrew  Reid  of 

Collistoune.  This  was  the  ratification  of  an  alienation  of  the  sunny  eight  oxengait  of 
Little  Drumquhendill  granted  by  Reid  and  his  eldest  son  Gilbert  to  Thomas  Bodie  in 
Peterhead  and  Margaret  Robertsone,  his  wife. 

17.  Loosing  of  Arrestment.     Beatrix  Gordoun,  Lady  of  Eacht  v.  John  Stewin  in 

the  Mains  of  Eacht  and  others.  £100  was  claimed  for  malt  and  meal  sold  by  the  lady's 
Chamberlain  to  the  arrestees.  Cautioner  David  Eadie,  burgess  of  Abd. 

19.  Judicial  Ratification.     Magdalen  Arskein,  wife  of  John  Leslie  of  Milntoune  of 
Meikill  Durnocht.      The  lady  here  ratified  an  alienation  by  her  husband  to  Patrick 
Gordoun  and  Barbara  Murray,  his  wife,  of  the  Milntoune  of  Meikill  Durnocht,  &c. 

20.  Renunciation   and    Discharge.      Margaret   Forbes,   wife   of  James   Forbes  of 
Milnboy.     Her  conjunct  fee  or  other  right  to  the  lands  of  Boquhome  in  Invernochtie 
in  favour  of  John  Forbes  of  Balquhome  and  Patrick  Forbes,  his  son. 

22.  Loosings  of  Arrestments.    John  Touche,  elder,  burgess  of  Abd.  v.  John  Touche, 

younger,  burgess  of  Abd.     Cautioner  James  Mowat,  burgess  of  Abd. 

Robert  Dasone  in  Linquhanan  v.  George  Duncansone  in  Linquhanan.     Cautioner 
Robert  Burnet,  burgess  of  Abd. 

Win.  Birnie  in  Fraserburgh  z1.  James  Clark  of  Houssahill.     Cautioner  Mr.  Alexr. 
Irving  [Advocate]. 

30.  Peter,  Bishop  of  Abd.  v.  Alexr.   Meldrum,  Wm.  Elphinsloune,  Wm.  Chopemane 

and  Robert  Leithe,  all  in  Auldcraige.     Cautioner  John  Leslie  of  Petcapill. 

Assaults.     The  Crown  v.  John  Login  in  Waster  Fintray.     Patrick  Sangster  in 
Calff-fauld  was  alleged  to  be  injured.     Cautioner  Charles  Chalmer  in  Fintray. 

Dec.     7.  The  Crown  v.  John  Davidsone  in  Waster  Fintray.     The  same  assault  and  cautioner. 

13.  Loosings  of  Arrestments.     Wm.  Gordoune  of  Deninmad  v.  James  Pettindreich 

in  Hogsloune  of  Strathbogie.  The  multures  of  Milne  of  Knokleith  were  specially 
arrested. 

21.  Alexr.   Birnie,  Merchant  in  Fraserburgh  v.  Alexr.  Crowdane  in  Kinglasser  and 
others.     The  spoliation  of  certain  horses  and  corn,  for  remedy  of  which  an  action  was 
depending  in  the  Sheriff  Court.     Cautioner  George  Milne  at  the  Milne  of  Forrest. 

1611. 

Jan.    16.  Removing.     John  Cristall  in  Deanstoun  in  favor  of  Thomas  Gordoun  of  Grandoun. 

From  four  oxtngait  of  the  Lands  of  Deanstoun  in  the  parish  of  Saint  Machar. 

19.  Loosing    of   Arrestment.      Elspet   Gray,   widow   of  Alexr.   Cullen,  sometime 

Provost  of  Abd.  v.  Mr.  Alexr.  Cullen,  burgess  of  Abd.  What  was  here  arrested  was 
the  number  of  38  bolls  beir  or  thereby  due  to  Mr.  Cullen  by  Gilbert  Maky,  indweller 
in  Abd. 

1 66 


Judicial  Enactments :  Vol.  II.,  Contents 

1611. 

Jany.  3.  Discharge  and  Renunciation.  James  Forbes,  eldest  son  of  Abraham  Forbes  of 
Blaktoun,  with  consent  of  his  father  and  also  of  Robert,  Commendator  of  Monymusk, 
and  Mr.  Wm.  Anderson,  burgess  of  Abd.  [the  Sheriff  Clerk]  in  favor  of  Mr.  Win. 
Forbes  of  Mainy.  The  transaction  here  disclosed  may  be  thus  summarized.  In  1592 
the  late  John  Forbes  of  Tollies  had  disponed  in  wadset  to  James  Duncan  of  Mairdrum, 
and  Janet  Lumsden  his  wife,  in  security  of  1200  merks,  the  Lands  of  Corbanchrie  and 
in  warrandice  of  these,  the  lands  of  Morleich.  To  the  letter  of  Reversion  granted  by 
Duncan  and  his  wife  on  21  March,  1591-2,  Mr.  Wm.  Forbes  of  Mainy  had  come  to 
have  right,  as  Assignee  of  Alexr.  Forbes  of  Tollies,  grandson  and  heir  of  John  Forbes, 
the  granter  of  the  wadset  right.  The  holder  of  the  security,  originally  granted  to 
Duncan  and  his  wife,  was  now  apparently  young  Forbes  of  Blaktoun,  whose  father 
joined  with  him  in  acknowledging  the  payment. 

22.  Perjury.     Adam  Wat  in  Nether  Auchqnhartie  charged  with  perjury  in  an  action 

pursued  by  John  Williamsone  at  the  Milne  of  Thenstowne.  Cautioner  John  Litilljohne 
in  Drumnornay. 

26.  Loosings    of    Arrestments.      Obligation    produced    whereby  James   Merk   in 

Bucharne  became  cautioner  for  Robert  Browne  in  Buckgartie,  John  Brown  in  Tulla- 
throwie  and  Janet  Browne  in  Duncanstown,  whose  effects  had  been  arrested  by  James 
Browne  in  Drumferge  and  Margaret  Wat,  wife  of  Walter  Walker  in  Noth. 

28.  Wm.   Bruncha   in  Clunie  i>.  James   Crichtoune   in   the   Newtoun   of  Drumblet. 

Cautioner  Alexr.  Burnet  sometime  in  Chappeltowne. 

30.  Gilbert  Mealling  in  Fetterneir  -v.  Richard  Mealling  there.     Cautioner  John  Farquhar 
in  Fetterneir. 

31.  Thomas  George  at  the  Milne  of  Fiddes  bound  himself  to  enter  Arthur  Johnstoun 
in  Auchindarge  within  the  Tolbooth  on  Feb.  5,  failing  which  to  pay  to  John  Gordoun 
of  Tilligreige  [the  Sheriff  depute]  500  merks  on  Feb.  6. 

Feby.  r.  John  Browne  in  Auchterles  v.  Alexr.  Cruikschank,  burgess  of  Abd.  Cautioner 
James  Gib,  burgess  of  Abd. 

2.  John   Ogstoune   in    Bannomune   v.    Andrew,    Alexander  and    Edward    Craik   in 

Auchiries.  Obligation  by  Alexr.  Craik  in  Newtowne  of  Auchiries  as  cautioner,  dated 
29  January,  produced. 

8.  Herie  Gordoune  in  Taertie  v.  John  Glenie  in  Taertie.     Cautioner  Mr.  John  Chene 
of  Petfichie. 

9.  Alexander  Forbes  of  Thainstoune  v.  Wm.  Andersone  in  Fullertoun.     Cautioner 
Wm.  Forbes  of  Tolquhone,  who  signed  "  Tolquhone." 

12.  Andrew  Leslie  of  New  Leslie  v.  Duncan  Robertsone  at  the  Kirk  of  Insche,  John 

Hog  there  and  Walter  Michie  at  the  Mill  of  Insche.  Cautioner  John  Cruickshank, 
burgess  of  Abd. 

I67 


Aberdeenshire  Sheriff  Court : 

1611. 

Feby.  14.  Loosings  of  Arrestments.     John  Steinsone  in  Crukstoune  v.  Alexr.  Donaldsone 

in  Crukstoune.  Cautioner  William  Watsone  in  Leuch  lands.  The  sum  claimed  here 
was  40  merks  and  6  firlots  victual  as  the  price  of  an  ox. 

Thomas  Gordoun  in  Fechell  and  Thomas  Reith  in  Craigie  of  Schethin  v.  John 
Reid  in  Tullimad.  Cautioner  Thomas  Chene  of  Rainistowne.  The  claim  here  was 
800  merks. 

15.  John  Johnstoune,  burgess  of  Edinburgh  v.  Andrew  Richie,  Skipper  in  Fraserburgh 

and  Wm.  Baxter  there.  Cautioner  Wm.  Fraser  in  Fraserburgh.  Claim  for  the 
"  fraucht  of  ccrtane  tymber." 

Agnes  Ilerwie,  lawful  daughter  of  Mr.  George  Herwie  in  Waster  Disblair  T.  John 
Ilcrwie  in  the  Peithill  of  Petmuk.  Cautioner  Patrick  Steiwen  in  Kinmuck. 

19.  Francis,  Farl  of  Erroll  and  David  Syme,  his  Chamberlain  v.  Mr.  Alexander  Bruce, 
Minister  of  the  Kirk  of  Slains.     Cautioner  George  Bruce,  Sadler,  burgess  of  Abd. 

20.  Alexr.  Annand  of  Auchterellen  v.  Thomas  Sime  in  Essilmont.     Cautioner  Gilbert 
Chalmer  of  Countesswalls. 

27.  Imprisonment  for  Debt.      Robert  Elshioner,  burgess  of  Abd.,  by  this  Act  of 

Court  acknowledged  to  have  received  out  of  ward  in  the  Tolbooth,  the  person  of  his 
brother-in-law,  John  Kinneir,  who  had  failed  to  pay  a  debt  of  ^408  to  Mr.  Alexr. 
Gibsone,  Clerk  of  Session,  as  Assignee  of  Adam  Gibsone,  burgess  of  Edinburgh.  The 
act  further  contained  an  obligation  by  Elshioner  to  re-enter  Kinneir  to  ward  before 
April  15,  or  in  case  of  failure  to  pay  ,£408  to  John  Gordoune  of  Tilligreig,  the  Sheriff 
depute,  before  May  10,  on  a  charge  of  six  days.  On  the  margin  is  written  "Cassatur 
hoc  presens  actum  ex  consensu  partium  quia  plenarie  persolutum  et  satisfactum.  John 
Gordone  Sref."  The  next  Act  of  Court  is  an  obligation  by  Adam  Gordoune  of  Boigholl 
and  Mr.  James  Keith  of  Auchrynie  to  relieve  Elshioner  of  the  foregoing  obligation 
undertaken  for  Kinneir. 

Loosings  of  Arrestments.  Gardyne,  wife  of  Wm.  Stewart  of  Cow- 

stonis  v.  Alexr.  Gordoune,  Wm.  Materis,  Wm.  Wood  and  Thomas  Thomsone, 
occupiers  of  Cowstownis.  Cautioner  W7m.  Udney,  Fiar  of  that  Ilk,  by  written  obligation 
dated  at  Tillicorthy  Feb.  16. 

March  5.  John  Gordoun  of  Newtoun  and  Wm.  Udny,  fiar  of  that  Ilk  v.  Elspet  Cruikschank 

in  Wranghame,  widow  of  Robert  Pcirrie.  Past  due  rents.  Cautioner  Alexr.  Pantoune, 
burgess  of  Abd.,  whom  James  Gordoun,  fiar  of  Newtoun,  bound  himself  to  relieve. 

7.  George  Craufurd  of  Annachie  v.  Robert  Boyne  in  Culsh  of  Fedderat.     Cautioner 

Alexr.  Gordoune  in  Cowstonis. 

12.  Henry  Tailzeour  in  Waster  Fintray  v.  John  Foullartoun  in  Waster  Fintray,  Robert 
Foullartcun  there  and  Christiane  Smythe  there.     Cautioner  Robert  Keathe  of  Strathry. 

13.  John  Findlater  in  Pettullies  v.  Thomas  Andersone  and  Alexr.  Goudie  in  Pettullies. 
Cautioner  Alexr.  Gordoun  in  Kindrocht. 

1 68 


Judicial  Enactments :  Vol.  IL,  Contents 

1611. 

March  16.  Loosing  of  Arrestment.      Cristane  Smyth  in  Vaster  Fintray  v.  Henry  Tailzeour 

in  Vaster  Fintray.     Cautioner  Thomas  Bauerlay  in  Logiefintray. 

18.  Theft.     Andrew  Hendersone,  Craftisman  of  Abd. ,  was  cautioner  for  the  entry  of 

James  Birney,  Wobster,  charged  with  stealing  an  ox,  and  other  crimes. 

23.  Loosings  of  Arrestments.      John   Davidsone   and   Elspet   Blak,    his  wife,   in 

Macktarrie  v.  James  Stewin  in  Blachrie.     Cautioner  Wm.  Singzeour,  burgess  of  Abd. 

25.  Mr.  Wm.  Ray,  burgess  of  Abd.  v.  John  Foullartoune,  Robert  Foullartoune  and 

Christane  Smyth  in  Waster  Fintray.     Cautioner  Robert  Keithe  of  Strathrey. 

April  I.  John  Leslie  of  Balquhyne  v.  Hectour  Davidsone  in  the  New  Mylne  of  Knokalachie. 

Cautioner  James  Sengzeour  in  Balquhyne. 

(i)  James,  Earl  of  Murray  ;  (2)  James  Tailzeor  in  Hedderweclc,  John  Porter,  elder 
in  Fintray,  James  Scherar  in  Dyce,  Wm.  Melving  in  Kinaldie  and  Robert  Tailzeor  in 
Fintray ;  and  (3)  John  Gumming,  younger  in  Fintray  v.  Robert  Aikin  in  Fintray. 
Cautioner  James  Keythe  of  Kinaldie. 

6.  Renunciation.      Walter   Smythe   in   the   Miltoune   of    Findone  renounced   the 

possession  of  the  half  Mill,  etc.,  in  favor  of  Andrew  Menzeis  in  Carnerobein  as  at 
Whitsunday  next  and  sold  the  crop  and  stocking  to  Menzeis  at  prices  to  be  fixed  by 
Thomas  Gardiner  in  Badintoy  and  Alexander  Donnaldsone  in  Barkleyhill,  arbiters 
chosen  by  Smyth  and  Robert  Gairdyne  in  Cuikstoune  and  Alexr.  Mylne  at  Mylne  of 
Marieculter  as  friends  of  Menzeis.  Both  parties  submitted  themselves  to  the 
jurisdiction  of  the  Sheriffdom  of  Abd.  By  a  marking  on  the  margin  dated  13  April 
the  parties  agreed  to  the  deleting  of  the  foregoing  entry. 

8.  Loosings  of  Arrestments.     Alexr.  Ray  in  Kintoir  v.  John  Crilbes  in  Bromhillis 

in  Kintoir.  Cautioner  James  Donnaldsone,  burgess  of  Abd.  Claim  for  the  spuilzie  of 
"  ane  hroune  hors  ane  cow  ane  steir  with  ane  coyak." 

13.  John  Watsone  in  Auldgowill  v.  James  Andersone  in  Peiteis  milne  charged  with 

"  melling  and  intrometting  withe  ane  suord  and  fourtein  elnes  of  tuedlit  beding  ane 
new  bonnat  ane  belt  ane  purss  &  ane  dager."  Cautioner  George  Settoune  of 
Auchinhtuff. 

Alexr.  Strauchin  of  Glenkindie  v.  Walter  Toux  in  Auchnagat.  Cautioner  Andrew 
Broun,  burgess  of  Abd. 

15.  William  Yett  in  Fiddes  v.  Alexr.  Crafurd  in  Rethin  and  Hew  Crafurd  of  Quythill. 

Cautioner  Arthur  Davidsone,  burgess  of  Abd.  Money  had  been  amsted  in  the  hands 
of  John  Arskein  of  Balhagertie. 

30.  Hectour  Abircrombie  in  Wasthall   v.  George  Duncane  in  Wasthall.     Claim  for 

rent.     Cautioner  Wm.  Leithe,  burgess  of  Abd. 

May      I.  Wm.  Setowne  of  Blairis  v,  James  Vatsone  in  Blakhous  of  Kingudie.     Cautioner 

Charles  Chalmer,  indweller  in  Abd. 

y  169 


Aberdeenshire  Sheriff  Court : 

1611. 

May   4.  Loosings   of  Arrestments.      Wm.    Forbes  of  Bairnis  v.  Alexr.   Gordoune  in 

Auchinhuif.     Cautioner  Andrew  Wod  at  the  Mylne  of  Ardo. 

8.  George,   Marquis  of  Huntlie  z>.  George  Innes  in  .     Cautioner  Gilbert 
Cullen,  burgess  of  Abd. 

Andrew  Fraser  of  Steaniwod  v.  John  Smythe  in  Cairnbrogin.  Cautioner  Wm. 
Hendersone  in  Auld  Abd. 

Wm.  Hay  of  Crimonmoggat  v.  Robert  Mair  in  Litill  Arnage.  Cautioner  Wm. 
Mair  in  Kinharrachie. 

9.  John  Forbes  of  Petsligo  and  Patrick  Smyth  in  Ouirglassill  v.  Alexr.  Crystisone  in 
Ouirglassill.     Cautioners  George  Car  [signing  Ker],  burgess  of  Abd.  and  Alexr.  Keythe 
of  Protstounc,  the  latter  becoming  bound  to  relieve  the  former. 

14.  John  Forbes  of  Petsligo  v.  Wm.  Forbes  in  Braklamoir.     Cautioner  Duncan  Forbes 
of  Bythe. 

15.  John  Stot  v.  Patrick  Menzeis,  burgess  of  Abd.      Cautioner  David  Robertsone, 
burgess  of  Abd. 

1 6.  Robert  Smyth  in  Petmellen  v.  Thomas  Comper  in  Taertie.     Cautioner  John  Leisk 
tenant  of  four  oxengait  of  Ballskanfie. 

Renunciation  and  Ratification.  James  Keith  of  Kennady  renounced  the 
Shadow  half  of  the  lands  of  Auchquhorsk  in  Kinnellar,  in  favor  of  Alexr.  Fraser  in 
Bogheids,  and  Margaret  Fraser,  Keith's  wife,  appeared  and  ratified  his  deed. 

18.  Loosings  of  Arrestments.    Adam  Fraser  of  Findrach  v,  John  Cadell  in  Findrach. 

Cautioner  Gilbert  Leslie,  "  Schoillmaister  "  and  burgess  of  Abd. 

22.  Robert   Mowir  in   Dariaucht  v.   Alexr.    Bower  in  Jakstoune.      Cautioner  James 

Mowat  by  Wm.  Chalmer  his  procurator. 

24.  Reset  of  Theft.     John  Gordoune  of  Tulligreig,  Sheriff  Depute  of  Abd.  v.  Thomas 

Dempster,    Flescher   in   Abd.      Cautioner  Wm.    Russell,   Wobster,   burgess  of  Abd. 
Dempster  was  charged  with  resetting  sheep  stolen  from  Auldmad. 

June     4.  Loosings  of  Arrestments.      Nicolas  Wardlaw,  widow  of  Wood  of 

Birneis-Bonnitounc.      Cautioners  John   Leslie  and  James  Andersone,    Litster,    both 
burgesses  of  Abd. 

Robert  Mutray  of  Clubisgowill  v.  James  Cassie  in  Quhytstrypis.  Cautioner  Mr. 
Wm.  Moir,  burgess  of  Abd.  Peats,  &c.,  cast  in  the  mosses  of  Areheidis. 

7.  John  Leslie  of  Petcapill  and  Wm.  Seatoune  of  Blair  v.  Wm.  Forbes,  fiar  of  Bairnes. 
Cautioner  Alex.  Jaffray,  Bailie,  burgess  of  Abd. 

8.  James  Cassie  [?]  of  Quhyitstryippis  v.  Robert  Muttray  of  Clubisgowll.     Cautioner 
Thomas  Mutray  "  fyer  "  of  Lochehills. 

I70 


Judicial  Enactments:  Vol.  II.,  Contents 

1611. 

June    10.  Loosing  of  Arrestment.       Alexr.    Middiltoune   "  thesaurer   and  collectour   of 

the  pennilties  of  the  paroche  Kirk  of  Sanct  Macher  of  Auld  Abd."  v,  Wm.  Sander- 
sone  at  the  Brig  of  Done  "for  satisfactioune  to  the  said  Alexander  of  ane  penultie 
imposit  upone  the  said  Wm.  for  committing  of  ane  fornecatioune. "  Cautioner  Andrew 
Broun,  burgess  of  Abd. 

17.  Assault— Blood-drawing.      Wm.    Duncane  in   Auldcraig    to   appear   on   June 

26  to  answer  to  a  charge  of  assaulting  Wm.  Suane,  sometime  in  Auldcraig.  Cautioner 
John  Leslie  of  Petcappill. 

Removing.  Elizabeth  Holland,  widow  of  John  Gordoune,  sometime  in  Enzean, 
consented  to  remove  from  Enzean  in  Monymusk,  in  favor  of  Wm.  Forbes  of 
Monymusk. 

19.  Removing.      Patrick   Straquhan  in   favor  of  Mr.  James  Irving,  Minister  at   the 
Kirk  of  Touch,  heritable  proprietor  of  the  lands.     Straquhan  consented  to  remove 
from  Ardgowes  and  Wodsyd  in  Barony  of  Cluny. 

20.  Loosings    of   Arrestments.     John   Layng  in   Sklaittie   v.   John   Tailzeour  in 
Crabistowne.     Cautioner  John  Lumsdane,  Baxter,  burgess  of  Abd. 

John  Irvine,  elder  of  Petmurchie  and  John  Irvine,  fiar  thereof  v.  Patrick  Irving  in 
Carnbady.  Peats,  &c.,  in  the  mosses  called  the  Perkhill  of  Lumphanan  were  arrested. 
Cautioner  Patrick  Ross,  fiar  of  Auchlossin,  who  signed  "  Aperand  of  Auchlossin." 

28.  Wm.  Forbes,  fiar  of  Bairnes  v.  George  Leslie  at  the  New  Milne  of  Cremond. 
Peats,  &c.,  arrested.     Cautioner  John  Leslie  of  Petcapill. 

Wm.  Forbes  of  Bairnes  v.  other  tenants  in  Cremond,  for  whom  Leslie  of  Petcapill 
was  also  Cautioner.  The  Moss  of  Cremond  is  specified  in  this  Act. 

29.  Breach  of  Arrestment.     George  Currour  of  Dyce  and  the  Procurator  Fiscal  v. 
James  Ronnaldsone  in  Rethis  and  George  Crichtoune  of  Tullikeirie.      Cautioner  Mr. 
Wm.  Chalmer  of  Waster  Disblair. 

July      4.  Loosings  of  Arrestments.     Alexander  Irving  of  Drum  v.  Andrew  Curray,  John 

Hervie,  Walter  Fowlar,  Wm.  Chalmer,  John  Fowlartowne,  Robert  Tailzeour  and 
Robert  Fowlartowne  all  in  Waster  Fintray.  Cautioner  Charles  Chalmer  in  Waster 
Fintray.  Peats  cast  by  the  parties  in  the  Moss  of  Sauock  in  Fintray  and  "  contigue 
adjacent "  to  the  lands  of  Kinmuck. 

6.  Nicoll  Ross,  apparent  of  Auchlossin  v.  Robert  Foderinghame  in  the  Craigtowne 

of  Lumphanan,  who  was  said  to  be  in  arrear  with  his  rent.  Cautioner  Robert  Irving, 
Cowper  and  burgess  of  Abd. 

II.  George  Ewand  in  Clorttiebuck  v.  John  Davidsone  in  Auld  Abd.     Cautioner  Henry 

Robertsone,  Cordiner  and  burgess  of  Abd. 

1 6.  Gordoune  of  Tulloche  v.  Wm.  Gordoune  in  Kennertie.     Peats  cast  in  the 

Moss  of  Tulloch  in  the  Parish  of  Keg.     Cautioner  Thomas  Watsone,  burgess  of  Abd. 

171 


Aberdeenshire  Sheriff  Court : 


1611. 

July   17.  Loosings  of  Arrestments.       Henry  Annand  of  Orchertowne  v.  Patrick  Ligert- 

wood  in  the  Bowrhills  of  Esselmont.      Peats  cast  in   "Moss  Morgone."      Cautioner 
John  Bruce  at  Milne  of  Esselmont. 

George  Baird  in  Corskye  v.  Wm.  Cuik  in  Urinay  [or  Urmay].  Peats  in  the  Moss 
of  Urinay  [or  Urmay]  alias  Coburtie  were  arrested.  Cautioner  Thomas  Symsone, 
burgess  of  Fraserburgh. 

George  Ewine  in  Corthibuck  v.  John  Hendersone  in  Denstoune,  Alexr.  Huichonc 
in  Carnefeild  and  liectour  Mallice  in  Grandhame,  who  were  charged  with  resetting 
"  certane  playdis  and  hardin."  Cautioner  Robert  Stewart,  burgess  of  Abd. 

24.  Alexr.    Gordoune  of  Blelack  v.   John  Forbes  of  New.       Peats  in  the  Moss  of 

Badachlcrache.     Cautioner  Thomas  Esplein  in  Newbiging. 

27.  Alexr.  Fraser  of  and  Bogheids  v.  Alexr.  Ramsay,  John  Ross,  William 

Findlay  and  James  Findlay  in  Ardla.     Peals  between  Ardla  and  Bogheids.     Cautioner 
Andrew  Fraser  of  Tyrie. 

Alexr.  Annand,  fiar  of  Auchterellone  v .  Alexr.  Buchane  in  Dopmylne  of  Arnage, 
Gilbert  Watsone  in  Kirkhill  and  John  Watsone  there.  Peats  in  the  Mosses  of  the 
Ililtoune.  Cautioners  Robert  Paip,  Advocate,  David  Aidie  and  Patrick  Gray, 
burgesses  of  Abd. 

Augt.  3.  Elizabeth  Duvye,  liferenler  of  the  lands  of  Beildsyde  and  Mr.  John  Mortimer,  her 

husband  v.  Thomas  Mengzes  of  Cultis.     Cautioner  James  Mengzes,  burgess  of  Abd. 

8.  William,  Lord  Keithe  and  his  "  Custumers,  Bailzes  and  uther  placemen  of  the 
Burgh  of  Peitterheid  "  v.   Mr.   Robert  Gordoun  of  Fechill  and  Dame  Isobel  Forbes, 
"  laydie  Petlurg."     What  was  arrested  was  "  thair  wictuall  presentlie  within  ane  bot 
of  James  Smythe  of  Peitterheid  within  the  port  of  the  samen."     Cautioner  James 
Schorit  in  Inverurie. 

9.  Normond  Forbes  of  Brakay  v.   Alexr.   Clark  in    Badachell.     Cautioner   Hector 
Smythe,  burgess  of  Abd. 

Alexr.  Middiltoune  of  Berryhillock  v.  Hew  Hebrone  in  Berryhillock.  Peats  in 
Moss  of  Mid  Mundurnoch.  Cautioner  Robert  Watsone  in  Mowrcor. 

lo.  Robert  Skeyne  in  Ramoir  v.  Andrew  Fowler  in  Lying.     Cautioner  George  Fowler 

in  Drumnaheth. 

Elspit  Diwie,  liferenter  of  the  Peilsyde1  and  Mr.  John  Mortimer,  her  husband  v. 
Wm.  Fergus  in  Newtoune  of  Murthill  and  Andrew  Craig  in  Lochtiesyde.  Peats  beside 
the  Skat  Came.  Cautioner  Robert  Forfar  in  Benzell. 

Judicial  Discharge.  Charles  Currie  in  Middill  Disblair  discharged  Wm. 
Fowllar  in  Cranboig  of  an  obligation  for  50  merks,  while  Fowllar  and  Katherine 
Symsone,  his  wife,  discharged  Currie  of  such  claims  as  they  might  have  to  the  goods  of 
the  late  Christiane  Symsone,  who  had  been  married  to  Currie. 

I   In  the  entry  of  3  August  called  "  Beildsyde." 
172 


Judicial  Enactments:  Vol.  II.,  Contents 

1611. 

Augt.  17.  Removing.     This  was  a.  consent  to  remove  from  the  sunny  half  lands  of  Newrane, 

in  the  parish  of  Kane,  of  which  Alexr.  Pantoune,  burgess  of  Abd.  was  heritable 
proprietor.  Those  who  had  been  warned  and  now  consented  to  remove  were  James 
Gordoune,  fiar  of  Newtoune,  John  Leithe,  apparent  of  Ilarthill  and  a  number  of  others. 
Leithe  and  another  reserved  rights,  which  they  alleged,  to  the  sunny  half  of  a  croft 
called  Barrelldykis,  founding  upon  a  wadset  granted  by  one  Alexr.  Senzour  to  Leithe. 

Loosings  of  Arrestments.  John  Innes  of  Elrick  v.  George  Bruce  in  Mekill 
Elrick.  Cautioners  Wm.  Sangster  in  the  Fortrie  and  James  Miln  at  the  Mylne  of 
Cauldwallis.  Peats  in  the  Reid  Moss  of  Elrick. 

John  Forbes  in  Tolliquhodie  and  Thomas  Adame  in  Ardifork  v.  Alexr.  Mairtaine 
in  Sonhoney  and  James  Adame  in  Mylneholl.  Cautioner  Alexr.  Andersone  in 
Bethlein. 

Thomas  Sime  in  Essilmonthe  v.  Margaret  Broune,  widow  of  Mr.  Alexr.  Bruce 
in  the  Kirktoune  of  Slaines.  Cautioner  Wm.  Bruce  at  the  Mylne  of  Fortrie. 

Francis,  Earl  of  Erroll  v.  Andrew  Trowpe  in  Auchmacoy.  Cautioner  John 
Wobster  in  Dorbshill. 

22.  Removing.     A  consent  by  Patrick  Leith  in  the  Kirktoune  of  Rain  to  remove  in 

obedience  to  a  warning  by  Alexr.  Pantoune.     \_Vide  Supra,  17  August.] 

30,  Loosing    of   Arrestment.      Alexr.   Copland   of  Idoche   v.  Wm.   Gordoune  of 
Buchanauchie.     Cautioner  Patrick  Con  of  Auchry.     Copland  had  arrested  Gordoune's 
crop. 

Renunciation  and  Ratification.  Elizabeth  Keith  and  her  husband,  James 
Allerdes  in  Middilmure  renounced  in  favor  of  Alexr.  Hay  of  Delgatie  all  rights  which 
they  possessed  over  the  lands  of  Mekill  Artrochie,  Middilmure  and  Tersethill.  This 
they  did  in  terms  of  a  Contract  entered  into  on  that  day  between  themselves  on  the  one 
part  and  Hay  of  Delgatie  and  Isobcll  Leslie  his  wife  as  principals,  and  Sir  James 
Balfour  of  Pettullo,  knight,  Alexr.  Joffray,  Baillie  in  Abd.  and  Thomas  Hay  in 
Graystane  as  cautioners  on  the  other  part. 

31.  Loosings  of  Arrestments.     Patrick  Leithe  of  Licklieheid  v.  Win.  Lindsay  in 
Bredfuird  of  Auchlevin.     Cautioner  Wm.    Forbes,   Younger,  burgess  of  Abd.     The 
rent  of  the  half  of  Mains  of  Licklieheid  was  claimed. 

Margaret  Inncs  and  Joseph  Keylhe  her  husband  v.  Richard  Robertsone  in 
Auchires.  Cautioner  Alexr.  Movvat  in  Litill  Creichie. 

Sept.     2.  James   Keith  of  Kinnady  and  Alexr.    Findlay   "  Milnart "   in  Kinnady  v.  John 

Andersone  in  Easter  Fintray  and  Wm.  Melwing  in  Vaster  Fintray.  Cautioner  for 
Andersone,  Archibald  Beanes,  Litster,  burgess  of  Abd.,  and  for  Melwing  the  said  John 
Andersone. 

James,  Earl  of  Murray  v.  James  Keith  of  Kinnady.  Cautioner  Patrick  Gordoune 
in  Auchrynie. 

173 


Aberdeenshire  Sheriff  Court  t 

1611. 

Sept.    4.  Loosings  of  Arrestments.      Charles  Robertsone,  burgess  of  Abd.  v.  Thomas 

Davidsone,  Notary  Public.     Cautioner  Wallinteine  Davidsone,  indweller  in  Auld  Abd. 

The  said  Thomas  Davidsone  v.  the  said  Charles  Robertsone.  Cautioner  Charles 
Chalmer  sometime  of  Tillikiro. 

6.  George  Currour  of  Dyce  v.  Mr.  Thomas  Melving,  Minister  of  Dyce.     Cautioner 

David   Kempt,    Baxter,  burgess  of  Abd.      The  peats  cast  by  the  Minister  upon  the 
Kirktoune  of  Dyce  were  arrested. 

Patrick  Barclay  of  Towie  and  Michall  Clark  at  Mill  of  Drumquhendill  v.  Thomas 
Sewane  in  Cautioner  Mr.  John  Cheyne  of  Arnage.  Multures  claimed. 

Duncan  Forbes  of  Byithe  v.  Andrew  Ouhairnye  in  Quhyit  Steane.  Cautioner 
James  Irwing  in  Collairlie.  The  corn  upon  the  part  of  Quhyit  Steane  called  the 
Quhyit  Slack. 

James  Gayrdyne  of  Blakfuird  v.  Robert  and  James  Thomsone  in  Beakkyehill. 
Cautioner  George  Cruikschank,  burgess  of  Abd. 

9.  Wm.  Gordoune  of  Balquhannachie  v.   Alexr.  Cowpland  of  Idoche.     [Stipra,  30 

August.]     Cautioner  Wm.  Udnye  of  that  Ilk.     The  corn  growing  upon  the  Hauches 
of  Balquhannachie. 

11.  Wm.   Jaffrey  at  the   Hill  of  Fuddes  v.   Wm.    Auld   in  Auld  Abd.      Cautioner 

Thomas  Cumyng,   citiner   in   Auld   Abd.       Wrongous   intromission  with  two  horses 
claimed  to  belong  to  Jaffrey. 

Gilbert  Bumet  of  Carneurquhey  v.  John  Burnet  at  the  Mylne  of  Leget. 
Cautioners  Andrew  Burnet  in  Toux  and  Wm.  Thomsone  in  Petfour. 

14.  Andrew  Keythe  of  Cairnetradlen  v.  George  and  David  Bissatt  in  Cairnetradlen. 

Cautioner  John  Chalmer,  burgess  of  Abd. 

17.  Wm.  Keir  in  Seytoune  v.  Wm.  Lyntoune  in  Westfeild.     Cautioner  Henry  Mowtray 

in  Westfeild. 

19.  George  Leslie  of  that  Ilk  v.  John   Reid  in   Brownye  and  Wm.   Reid,  his  son. 
Cautioner  Robert  Burnat,  burgess  of  Abd. 

20.  Henry,  Lord  of  Sanct  Come  v.  James  Keithe  of  Kinadie.      Cautioner  Gilbert 
Keithe  of  Auchireis. 

21.  Wm.  Downye  in  Hiltoune  v.  James  Smart,  Meassone  in  Lumphanan.     Cautioner 
Andrew  Gray,  Meassone,  burgess  of  Abd. 

23.  James,     Earl    of    Murray   v.    John    Foullartoune    in    Wester    Fintray,     Robert 

Foullartoune  there  and   Christiane  Smyth,   his  wife.      Cautioner  Robert    Keythe  of 
Ley  luge. 

25.  John  Davidsone  at  the  Kirk  of  Fyvie  v.  Andrew  Cumyng  in  Ardfork.     Cautioner 

Edward  Reid,  Skynner,  burgess  of  Abet. 

174 


Judicial  Enactments:  VoL  IL,  Contents 

1611. 

Sept.  28.  Loosing-s  of  Arrestments.     Robert  Mowat  of  Quarrellhill   v.    Magnus  Mowat 

at  the  Mylne  of  Colpie.     Cautioner  James  Mowat  in  Smidiseat. 

Alexr.  Cumyng  of  Culler  v.  Alexr.  George,  Messenger  at  the  Mylne  of  Collairlie, 
Thomas  Robert  in  the  Wood  of  Drum,  James  Mowat  in  Dowaltye  and  Alexr.  Smyth 
in  Beildsyid.  Cautioner  Mr.  Win.  Davidsone,  son  of  the  late  Mr.  Wm.  Davidsone, 
Advocate  in  Abd. 

Octr.     4.  Wm.  Forbes  of  Logic  v.  Thomas  Morisone  in  Auld  Gowell.     Cautioner  James 

Cassie  in  Quhystripis. 

II.  Wm.  Watsone  of  Haddoche  v.   Win.   Smyth  in  Milnehill.     Cautioner  Andrew 

Nisbit  at  the  Kirk  of  [?  Crymond]. 

19.  Margaret  Banerman,  widow  of  George  Gordoune  of  Haddoche,  v.  Wm.   Gib, 

sometime  in  Ililbray  then  in  Bethelnye.     Cautioner  Thomas  Cumyng,  citiner  in  Auld 
Abd. 

21.  John  Johnestoune  of  Caskieben  v.  Patrick  Gray  in  Kirktoune  of  Dyce.     Cautioner 
Wm.  Gordoune  in  Glen  of  Dyce. 

22.  Judicial  Obligation — The  Pot  Fishings  of  Dee.     John  Huitchone,  Laxfisher, 
acknowledged  himself  to  be  due  to  David  Andersone  a  barrell  of  "grilses  salmond 
fische."     He  also  bound  himself  to  pay  to  Andersone  another  barrell  of  "  auld  salmon 
fische  "  as  rent  for  the  occupation  for  the  fishing  of  1612,  of  "  ane  hannat  of  the  Pot  on 
the  Water  of  Dee  within  the  friedome  of  Abd."  of  which  Andersone  was  liferenter. 
Both  barrells  were  to  be  delivered  before  Lammas,  1612,  and  failing  delivery  ^40  as 
the  liquidate  price  of  each  barrell  was  to  be  paid  at  "  Latter  Marie  day  thaireftir." 

31.  Loosings    of   Arrestments.      Alexander   Forbes  in   Easter   Echt   v.    Andrew 

Blakhall  in  Culquhorsye  and  Gilbert  Low  in  Blakhillis.     Cautioner  John  Kairnay, 
burgess  of  Abd. 

John  Meldrum  in  Blakfuird  v.  John  Watsone  in  Blakfuird,  his  father-in-law. 
Cautioner  David  Hay  in  Bogheid  of  Fyvye.  A  more  formal  Act  than  usual,  notarially 
subscribed  and  witnessed  by  two  notaries  and  four  witnesses,  Mr.  Wm.  Andersone, 
the  Sheriff  Clerk,  being  one  of  the  former. 

Novr.    I.  Katherine  Scherar  and  Robert  Lumisdane,  her  husband  v.  John  Stot  in  Boigheid, 

John   Watsone   in   Blakfuird  and    John    Murdo   in   Burrelldaills.      Cautioner   Adam 
Gordoune  of  Boghoall.     The  rents  of  Bogheids  of  Fyvie  were  claimed. 

2.  Andrew  Symsone  in  Quhyithill  of  Frendraucht  v.  Walter  Toux  at  the  Mylne  of 

Auchnagat.     Cautioner  Andrew  Browne,  burgess  of  Abd. 

9.  John  Watsone  in  Auld  Govill  v.  Thomas  Muresone  in  Middill  Disblair.     Cautioner 

Wm.  Lucas  in  Torryeleyth. 

Alexr.  Gordoune  of  Tilliskeythe  v.  Allaster  Forbes  in  Culquhorrie.  Cautioner 
Thomas  Espleine  in  Newbigging.  "  Peattis  cassin  in  the  Bonzeche." 

175 


Aberdeenshire  Sheriff  Court : 

1611. 

Novr.  IT.  Loosings   of  Arrestments.      James  Andersone  in  Tillichetlie  v.  George  Forbes 

in  Tertowie.     Cautioner  George  Forbes  in  Auchronye. 

13.  Peter,    Bishop   of  Abd.    z/.   John  Johnestoune  in    Mostoune.     Cautioner   Alexr. 

Setoune,  apparent  of  Petmedden. 

Thomas  Sym  in  Maynes  of  Essleinonth  v.  Thomas  Catto  in  Bourhills  of  Essie- 
month.     Cautioner  James  Cheyne  of  Pennan. 

18.  Alexr.  Gallavay  in  Standandsteanes  r.  David  Gallavay  there.      Loosed  of  consent 

without  caution. 

21.  Renunciation  and  Ratification.      Isobell  Forbes,  wife  of  James  Donaldsone, 

burgess  of  Abd.,  with  consent  of  her  husband  renounced  in  favor  of  James  Ogilbe  at 
the  Mylne  of  Invcrbynnie  and  Margaret  Ogilb2,  his  wife,  all  her  rights  of  conjunct  fee 
and  liferent  in  the  "  sone  pleuche  of  the  tonne  and  lands  of  Auchereis  "  in  the  barony 
of  "  Addan  "  and  teind  sheaves  thereof. 

30.  Removing.     The  Rigs  and  Tails.     Alexr.  Blak,  Maltman,  burgess  of  Abd., 

who  was  tenant  under  John  Gibsone  of  certain  of  the  "  Riggis  and  Teillis  "  of  land 
beyond  the  loch  of  Old  Abd.,  fully  described  in  the  entry,  renounced  his  possession  in 
favor  of  Gibsone  and  his  wife,  Margaret  Irving. 

Deer.  2.  Loosing  of  Arrestment.       Robert  Abercromby  at  the  Mylne  of  Petmedden  v. 

George  Leslie  of  Creichie.  Cautioner  Arthur  Chalmer,  burgess  of  Abd.  The 
arrestment  was  not  the  usual  direct  attachment  of  his  effects  in  his  own  lands,  but  was 
of  rents  due  to  Leslie  by  certain  specified  tenants  of  his  lands  of  Mekill  Warthill. 

5.  Removing.      Robert  Aikin  in  Fintray  appeared  and  for  the  fulfilling  of  "  ane 

southe  faithefull  promeis"  made  by  him  on  20  January  16:1,  renounced  in  favor  of  Mr. 
Wm.  Ray,  the  wadsetter  of  the  lands,  and  of  Wm.  Melvell,  his  tenant,  his  possession 
of  eight  oxengait  of  Wester  Fintray  described  as  having  been  sometime  occupied  by 
John  Gordoun,  "  sone  to  the  guidmane  of  Carneborrow." 

7.  Loosings  of  Arrestments.     George  Kyng  in  Grandoune  v.  Alexr.  Pantoune  in 

Behernye  [?  Beheruye].     Cautioner  Wm.  Spens  in  Mekill  Tippertie. 

10.  James   Gordoune   of  Lcsmoir   r.   Barbara   Barkar,    widow   of  John   Blakhall   in 
Culforsie,  and  others.     Cautioner  Wm.  Merser,  burgess  of  Abd. 

11.  Elspet  and  Jeane  Gordoune,  daughters  of  the  late  Wm.  Gordoune  in  Craighall  v. 
Elizabeth  Gordoune,  widow  of  Wm.  Gordoune  in  Craighall.     Cautioner  Arthur  Forbes 
in  Cowrthillis.     The  rents  of  Craighall  were  claimed  from  the  widow. 

20.  Renunciation  and   Discharge.      By  this  Act  of  Court  Katherine  Gordoune, 

widow  of  Wm.  Seytoune,  Portioner  of  Sklaittie,  with  consent  of  Patrick  Gardyne,  her 
husband,  discharged  an  obligation  [Supra  25  Octr.  1606,  p.  94]  by  Mr.  Wm.  Seytoune, 
her  eldest  son,  as  principal,  and  Berrald  Innes  in  Old  Abd.  as  cautioner  to  pay  her 
,£100  per  annum.  In  lieu  thereof  she  accepted  an  obligation  by  Patrick  Leslye,  burgess 
of  Abd.  "  now  duelling  at  the  Brig  of  Done  "  to  pay  her  100  merks  per  annum. 

176 


Judicial  Enactments :  Vol.  H.t  Contents 

1611. 
Deer.  28.  Loosings  of  Arrestments.     James  Reid  in  New  Mylne  of  Brux  v.  Alexr.  Forbes 

in  Cairneday.     Cautioner  Thomas  Watsoune,  Portioner  of  Casteltoune  of  Durris. 
1612. 

Jany.  8.  James  Mylne  at  the  Mylne  of  Cauldwalls  v.  Wm.  Hutcheon  in  Cauldwalls. 
Cautioner  Robert  Irving,  Cowpar,  burgess  of  Abd. 

17.  Thomas   Bonner  in    Daskie    v.   John    Michall   in   Towie.       Cautioner    George 

Elphingstoune,  Saidler,  burgess  of  Abd. 

27.          James   Burgess  in  Crabistoune  v.   David  Sted  in  Newhills.     Cautioner  Andrew 
Forbes,  Litster,  burgess  of  Abd. 

30.  Walter    Innes    of   Auchmule   v.    Gilbert    Burnet,   sometime    in    Carnnorquhey. 

Cautioner  Wm.  Keithe  in  Anden. 

Febry.  4.  Patrick  Barclay,  younger,  of  Towie  z>.  Alexr.  Folia  in  Towie.     Cautioner  John 

Cheyne  of  Arnage. 

u.  Discharge  and  Ratification.     Alexander  Gordoune  of  Kethakismyln  and  Isobell 

Hervie,  his  wife,  in  consideration  of  £  1000  paid  by  Thomas  Gordoune  of  Grandhame, 
declared  that  the  lands  of  Carnfeild  in  the  parish  of  St.  Machar  were  redeemed  from 
them. 

17.  Loosings  of  Arrestments.     George  Gordoune  of  Terpersie,  Wm.   Smythe  in 

Auchlyne,  John  Glenny  there,  James  Smythe  there,  John  Fergus  there,  James  Fergus 
in  Segiden,  Patrick  Thomesone  there  and  Thomas  Umphray  there  v.  George  Scherar 
in  Lerge.  Cautioner  Andrew  Sangster  in  Cultercullane. 

21.  John  Leslie  of  Buchuhyne  and  Andrew  Leslie  in  the  New  Mylne  of  Knokcollie  v. 
Hectour  Davidsone  in  Buithishauche.      Cautioner  John  Wricht  in  Pettodrie. 

Alexr.  Cuming  of  Coulter  v.  David  Lindsay  "  Tinctcr  "  in  Abd.     Cautioner  Alexr. 
Smythe,  Cordiner  in  Abd. 

22.  Thomas  Fraser  in  Falconnariscarne  v.  James  Burnet,  Mailman  in  Fraserburgh. 
Cautioner  Robert  Burnet,  burgess  of  Abd. 

24.  Judicial  Obligation.     Andrew  Clark  in  Lethintie  appeared  and  bound  himself 

to  pay  to  Mr.  Duncan  Forbes  of  Balnagask  8  bolls  of  meal  at  "  Midlentrin  "  and  8 
bolls  of  malt  at  "  Ruidday  "  in  respect  of  his  occupation  of  4  oxengait  of  Lethintie, 
crop  1611.  Failing  payment  in  kind  the  price  was  to  be  8  merks  per  boll  for  the  meal 
and  10  merks  per  boll  for  the  malt.  The  payment  was  to  be  credited  by  Balnagask 
to  a  large  quantity  of  victual  due  to  him  by  James  Forbes  of  Lethentie. 

March  4.  Loosings  of  Arrestments.  John  Caddell  of  Easter  Megvie  v.  John  Duncan, 
Alexr.  Smythe,  Wm.  Ronnald,  Wm.  Mortymer  and  George  Coultis  all  in  Easter 
Megvie.  The  arresiees  were  cautioners  for  each  other. 

7.  Alexr.   Cuming  of  Culler  v.   John  Gall,  younger,  in  Culler.      Caulioner  Wm. 

Murcour,  burgess  of  Abd. 

z  177 


Aberdeenshire  Sheriff  Court: 

1612. 

March  10.  Loosings  of  Arrestments.      Robert  Arthour  in  Carnebrogie  v.  Patrick  Leask 

and  James  Canzeoche  both  in  Carnebrogie.  Cautioner  Alexr.  Wischert,  Tailor, 
burgess  of  Abd.  The  arrestment  was  laid  on  by  John  Johnestoune,  officer  to  Andrew 
Fraser  of  Steaniewod. 

II.  Alshioner  Quhyt  in  Ludquharne  i'.  David  Ergo  in  Creichie.  Cautioner  Wm. 
Annand  in  Skelmure.  There  was  here  a  special  arrestment  of  100  merits  in  the  hands 
of  Andrew  Wodman  in  Smallburne. 

13.  Thomas  Andersone  in  Pettullie  and  Mr.  John  Ogiluie,  parson  of  Crowden  v.  Alexr. 

Gaudie  in  Pettindrum.     Cautioner  James  Fynnie  in  Pettullie. 

18.  John  Leslie  of  Wardes  r.  George  Leslie  of  Creichie  and  Alexr.  Donald  in  Creichie. 
Cautioner  Alexr.  Blakhall  of  that   Ilk.     John   Leslie  was  claiming  200  merks  from 
George  Leslie. 

19.  Alex.  Chalmer  of  Cowburtie  <'.  Wm.  Grig  in  Ower  Buindie.     Cautioner  James 
Forbes,  elder,  burgess  of  Abd. 

28.  Henry   Mathowsone   in    Lachintillie   7>.    Patrick   Gray  in  Tirriwaill.       Cautioner 

Andrew  Young,  burgess  of  Abd. 

Robert.  Commendator  of  Monymusk  v.  Gilbert  Broun  in  Camphell.     Cautioners 
Peter  Irving  in  Carnebadie  and  John  Straquhin  in  Foullis  Mowat. 

April  13.  Judicial  Obligation.     Alexr.  Blakhall,  Maltman,  burgess  of  Abd.,  James  Brabncr, 

burgess  there,  Wm.  Blakhall,  burgess  there,  Wm.  Murcur,  burgess  there,  Alexr.  Mylne 
at  the  Mylne  of  Ferihill,  George  Walker  in  Ferihill,  Wm.  and  Alexr.  Cooper  there 
and  Wm.  Smythe  there  all  tenants  of  the  lands  and  Mylne  of  Ferihill,  bound  themselves 
to  pay  their  rents  to  John  Lichtoune  and  Wm.  Duncane,  burgesses,  as  heritable 
wadsetters  from  Thomas  Cheyne  of  Ranestoun,  the  proprietor. 

15.  Renunciation.       Katharein    Fraser,    wife    of   Thomas    Cheyne    of    Ranestoun 

renounced  all  her  rights  in  Ferihill  and  ratified  the  Contract  of  Wadset  by  her 
husband  to  the  above  named  John  Lichtoune,  here  designed  Skipper  burgess,  and 
Wm.  Duncane  here  designed  Merchant  burgess,  dated  13  April. 

18.  Loosings  of  Arrestments.     John  Leslie,  elder,  burgess  of  Abd.  v.  James  Ranie, 

Tailor,  burgess  of  Abd.     Cautioner  John  Liddell,  Cowper,  burgess  of  Abd. 

22.  Robert  Aikin  in  Waster  Fintray  v.  James  Keythe  of  Kinadie.     Cautioner  Wm. 

Keythe  of  Auchrenie. 

John   Dilgardno   at   the   Kirk    of    Reathin    v.    Alexr.    Andersone   in   Auchireis. 
Cautioner  James  Andersone  in  Corthiebray. 

25.  John  Leslie,  fiar  of  Balquhene  v.  Alexr.   Ronaldsone  in  Craigmylne.     Cautioner 

Hectour  Abircrombie  of  Wasthall. 

May     2.  Alexr.    Gordonc   of  Rothmeis  v.   John   Leythe  of  Harthill   and  his  tenants  of 

Kirktoune  of  Rain  and  Luesk.  Peats,  etc.,  in  the  Moss  of  Rothmeis.  Cautioner 
Wm.  Forbes,  burgess  of  Abd. 

I78 


judicial  Enactments :  Vol.  II.,  Contents 

1612. 

May   6.  Guarantee.    Magnus  Mowat  of  Boquhollie  v.  Alexr.  Hat  in  Yevvbray.     Cautioner 

John  Gardyne,  Citiner  in  Auld  Abd. 

Breach  of  Peace  and  Assault  in  a  Church.  Gilbert  and  Henry  Bartlet  were 
charged  with  "  the  alledgit  persute  of  Mackie  with  ane  drawin  suord  upone 

ane  Sonday  wilhin  the  Kirk  of  Kinkell  and  the  alledgit  wonding  and  hurting  of  George 
Mylne  in  Brumend  within  the  said  Kirk  the  day  foirsaid."  Cautioner  Wm.  F'orbes  of 
Tolquhone. 

16.  Loosing  of  Arrestment.     Wm.    Stewart   in    Macklerrie  v.  Alexr.  Watsone  in 

Steanehous  of  Gicht.  Cautioner  Robert  Barclay,  occupier  of  8  oxengait  of  Meikil 
Siggat. 

26.  Removing.      Andrew    Edmond    and   Andrew  and   Wm.    Turner   occupiers   of 

Horscruik  in  Belhelvie,  agreed  to  remove  in  terms  of  warning  by  George  Moresone, 
burgess  of  Abd.,  the  proprietor. 

Judicial  Ratification.  Janet  Straquhin,  wife  of  Alexr.  Gardyne  of  Banchorie, 
ratified  a  contract  of  wadset  by  her  husband  to  Gilbert  Club,  burgess  of  Abd.,  and  Janet 
Chrystie,  his  wife,  of  the  lands  of  Banchorie. 

29.  Loosings  of  Arrestments.     Win.  Irving  of  Murthill  v.  Alexander  Wat  in  the 
Gaitsydc  of  Murthill.     Cautioner  James  Wat  in  Mariculter. 

30.  John  Leslie  of  Kearthine  v.  George  Mortimer  in  Logiedurno.     Cautioner  Walter 
Mitschell  in  Logiedurno. 

George  Leslie,  Younger  of  Kincraigie  v.  John  Barrie  in  Kincraigie  and  Thomas 
Lasone  in  Creauche.  Cautioner  Patrick  Calder,  portioner  of  Doirseill. 

Alexr.  Fraser  in  Brotherfeild  v.  Gilbert  Chalmer,  burgess  of  Abd.  Cautioner 
Patrick  Con,  fiar  of  Auchry.  Money  in  the  hands  of  Robert  Stewart  of  Counteswallis 
was  specially  arrested . 

James  Ogilvie  of  Birnes  v.  John  Rob  in  Dudweik.  Cautioner  Henry  Lasone  in 
Artrochie. 

June      i.          John  Leslie  of  Kearthine  v.  Wm.  Mortymer,  elder,  in  Logiedurno.     Cautioner 
Wm.  Mortymer  in  Logiedurno. 

Wm.  Watsone  in  Beltamoir  v.  John  Suctour  in  Balnaglak.  Cautioner  Mr. 
Wm.  Reid,  burgess  of  Abd. 

John  Fraser  of  Clintertie  v.  Andrew  Chalmer  in  Clintertie.  Cautioner  Charles 
Chalmer,  sometime  of  Tillikerrie  then  in  Abd. 

James  Gareoche  of  Kinstair  v.  John  Petrie  in  Lytill  Endowie.  Cautioner  Patrick 
Calder,  portioner  of  Doirseill. 

179 


Aberdeenshire  Sheriff  Court: 

1612. 

June  2.  Discharge    of  a   Wadset.     Robert   Melving,  son   and  apparent  heir  of  Mr. 

Thomas  Melving,  Minister  at  Kindrume  [Kildrummy]  appeared  and  acknowledged 
that  he  had  received  from  Thomas  Espleine  in  Newbiging,  in  name  and  on  behalf  of 
Alexander,  Lord  Elphinstoune,  300  merks  for  the  redemption  of  the  "  Kirktoune  of 
Kildrymie  with  thrie  peicess  of  land  within  the  bounds  of  Drumnahuif,"  which  had 
been  wadset  by  his  Lordship  to  his  deceased  father.  Not  being  infeft,  Robert  Melving 
bound  himself  to  make  up  his  title  to  his  father  and  to  the  land  before  10  November 
next  or,  in  case  of  his  failure  to  do  so,  to  repay  the  money. 

Revocation  of  Deeds  Granted  in  Minority.  Patrick,  Lord  of  Lindores, 
appeared  and,  on  the  narrative  that,  acting  on  evil  advice,  he  had  "  interdytit "  himself 
to  William,  Earl  of  Morton,  and  a  number  of  other  nobles  and  gentlemen,  revoked  the 
"  Band  of  Interdictioune  "  and  other  deeds  which  he  had  granted  to  his  hurt  and 
prejudice. 

Judicial  Ratification.  Marjorie  Cheyne,  wife  of  John  Leslie  of  Petcapill, 
appeared  and  ratified  a  contract  made  between  her  husband  with  her  consent,  and 
Alexr.  Leslie  of  Auchquhorsk  and  Mr.  Wm.  Chalmer  of  Waster  Disblair  as  Cautioners 
on  the  one  part,  and  Archibald  Beanis,  alias  Nicolsoune,  Litster,  burgess  of  Abd.,  on 
the  other  part.  The  contract  (probably  of  wadset)  concerned  the  alienation  of  Nether- 
toune  of  Cremound  extending  to  four  ploughs,  and  in  warrandice  of  these,  the  lands  of 
Scheillboige,  Bomakendell,  Ordihair  and  Ouirhill  in  Monkeigie.  The  contract  was 
signed  at  Fetcapill  in  Septr.  previously. 

4.  Loosing    of   Arrestment.     Adam    Fraser    of    Finauche   v.  James   Smythe  in 

Kincraigie.     Cautioner  George  Leslie  of  Kincraigie. 

Renunciation  of  Tenancy.  Bessie  Hatter,  widow  of  Wm.  Knox  in  Auchnagat, 
renounced  in  favour  of  Alexr.  Straquhin  of  Glenkyndie  her  occupation  of  the  shadow 
half  of  the  Milnetoune  of  Auchnagat. 

Loosings  of  Arrestments.  John  Leslie  of  Wardes  v.  Robert  Reid  in  Waist- 
hauche.  Cautioner  George  Elphinstoune,  burgess  of  Abd. 

6.  Walter  Ord    of  Ord   v.   Andrew   Touche   in   Feddie  and  Thomas  Norie  there. 

Cautioner  John  Woid  in  Mylnebuye.     Rent  crop  1611  was  claimed. 

8.  Dismembration.     Thomas  Davidsone  in  Middil  Disblair  and  Andrew  Davidsone 

in  Waster  Disblair  were  charged  with  the  "  ere  well  &  unmercifull  dismembring  of 
Williame  Leythe  sumtyme  in  Suttitoune  of  his  richt  gardie "  [arm]  "and  lege." 
Cautioner  William  Setoun  of  Eister  Disblair. 

10.  Loosing  of  Arrestment.    John  Leslie  of  Wardes  v.  Wm.  Clerk  in  Kemmells. 
Cautioner  John  Makisoune,  burgess  of  Inverurie. 

11.  Removing.       Patrick   Andersone,   sometime   in    Rothmeis   then    in    Bonytoune, 
Thomas  Andersone  and  Robert   Meanie  both   sometime   in    Rothmeis  and    then   in 
Newtoun  of  Culsalmond,  consented  to  remove  from  their  occupations  of  "  the  tua  pairt 
landis  of  Rothmeis  "  in  Rane  in  favor  of  Alexr.  Gordoune  of  Rothmeis,  to  whom  the 
warnings  of  his    tenants  had  been  assigned  by  James  Stewart,   sometime  heritable 
proprietor  of  the  subjects. 

180 


Judicial  Enactments:  Vol.  IL,  Contents 

1612. 

June  n.  Mutual  Discharge.      Wm.  Gordoun,  burgess  of  Abd.,  and  Alexr.  Gordone  of 

Suaillend  appeared  in  Court  to  settle  up  some  outstanding  disputes.  It  appeared  that 
George  Gordoune  of  Tulloche,  who  was  the  father  of  Alexr.  Gordone  of  Suaillend, 
had  intromitted  with  the  estate  and  rents  of  the  late  John  Gordoune  of  Brundie  or 
Bruinie,  who  was  the  father  of  Wm.  Gordoun.  For  a  settlement  Alexr.  paid  300 
merks  to  William  and  both  cried  quits.  Harie  Gordoune  of  Dilspro,  Mr.  Robert  Paip, 
Advocate,  and  Mr.  Wm.  Andersone,  Sheriff  Clerk,  who  had  been  mixed  up  with  the 
dispute  as  cautioners,  were  also  discharged. 

Discharge  and  Ratification.  In  consideration  of  2000  merks  paid  to  him, 
Alexr.  Gordone  of  Suaillend  appeared  in  Court  to  discharge  in  favor  of  John 
Gordoune  of  Lentusche  a  wadset  over  the  lands  of  Lentusche  in  the  Parish  of  Rane. 
Thereafter  and  outwith  her  husband's  presence,  Helene  Hoig,  Alexr.  Gordoune's  wife, 
renounced  her  rights,  and  ratified  the  discharge. 

19.  Loosings  of  Arrestments.      Alexr.  Buchane  at  the  Doip  Mylne  of  Arnage  v. 
Wm.  Hutcheone  in  Carnedailie.     Cautioner  Robert  Irving,  Cowper,  burgess  of  Abd. 

20.  Wm.  Irving  of  Murthill  v.  Alexr.  Wat  in  Gaitsyde  of  Murthill.     Cautioner  Wm. 
Fergussone  in  Newtoune  of  Murthill. 

24.  Child    Murder    or    Abortion.       Alexr.    Fraser    in    Fraserisburgh    was    under 
accusation  for   "the  alledgit  slauchter  of  tua  bairnis  in  the  womb  of  Isobell  Watt, 
spous    to    Andrew    Jaksone,    Caidger."       Cautioner    for    his    appearance,    Andrew 
Sandersone,    burgess    of   Fraserisburgh,    who   however   protested    that   his   becoming 
cautioner  should  not  be  prejudicial  to  the  "  Regalitie  of  the  said  Burgh." 

25.  Dismembration.      Wm.  Ray,  younger,  son  of  Wm.  Ray  in  Toux  was  charged 
with  the  dismembration  of  Wm.  Leythe.     His  father  was  cautioner  for  his  appearance 
upon  31  July. 

27.  Loosings  of  Arrestments.     John  Dickie,  Segster  at  the  Kirk  of  Deir  v.  Marjorie 

Knox,  widow  of  Patrick  Tuiring  at  the  Kirk  of  Deir.  Cautioner  Patrick  Cruikschank 
in  Ardiffrie. 

Janet  Liddinghame,  widow  of  Win.  Watsoune,  sometime  in  Auchinhuif  v.  Wm. 
Forseythe,  burgess  of  Abd.  Cautioner  Andrew  Home,  burgess  of  Abd.  Forseythe 
was  alleged  to  have  been  due  200  merks  to  the  deceased. 

July       I.  Wm.     Gordoune,    lawful    son    of    the    late     George     Gordoune,    sometime    of 

Chappeltoune,  with  consent  of  John  Gordoune  of  Petlurge  and  James  Gordoune, 
fiar  of  Newtoune,  his  curators  v.  Elizabeth  Hay,  widow  of  George  Meldrum  in 
Cuschnie.  Cautioner  John  Meldrum  in  Bray  of  Fischerie. 

George  Meldrum  of  Haltoune  v.  the  said  Elizabeth  Hay.  Cautioner  the  said  John 
Meldrum. 

3.  Alexr.    Crowdane   in    Kinglasser   v.    Thomas   and  James   Birnie   in    Kinglasser. 

Cautioner  David  Birnie,  Wobster  and  Frieman  in  Abd. 

181 


Aberdeenshire  Sheriff  Court  t 

1612. 

July    4.  Loosings  of  Arrestraents.      John  Knox  of  that  Ilk  v.  Andrew  Clerk,  sometime 

in  New  Knox,  then  at  the  Kirk  of  Deir.     Cautioner  Wm.  Keythe  in  Adane. 

Archibald  Keythe,  heritable  proprietor  of  a  plough  of  the  lands  of  Kellie  v.  Andrew 
Johnnstoune  in  Kellie.  Cautioner  Sir  Win.  Keythe  of  Ludquharne.  Claim  for  rent 
crop  1611. 

7.  David  Duncane  in  v.  Thomas  Small  in  Kintore.     Cautioner  Wm.  Forbes 

of  Tolquhone. 

9.  Alexr.    Keithe    in    Kintoir    and    Agnes    Cokie,    his    wife    v.   John    Knicht    in 

Ilcdderweik.     Cautioner  Arthur  Chalmer,  burgess  of  Abd. 

Renunciation  of  Tenancy.  Andrew  Craik  in  the  Auldtoune  of  Aucheireis 
renounced  his  occupation  of  the  sunny  plough  of  the  shadow  half  of  Aucheireis  in 
Raithen  in  favor  of  Gilbert  Keythe  of  Aucheireis. 

ii.  Loosing  of  Arrestment.     Alexr.  Cuming  of  Culter  and  Gilbert  Ronaldsone  in 

Carnie  v.  Wm.  Jerret  in  Cloighill.     Cautioner  Patrick  Donaldsone,  burgess  of  Abd. 

15.  Assault— Blood-drawing.     Peter  Woidman   in   Adane  was  charged  with  the 

"  wrangous  crewell  &  unmercifull  dinging  striking  &  bluid  drawing  of  Isobel  Leask, 
widow  of  fohn  Kaidger."     Cautioner  Wm.  Woidman  in  Netherauchill. 

17.  Loosings  of  Arrestments.      Andrew  Gray  in  Peterheid  v.  Nathaniel  Kethe  of 
Lytill  Cocklaw  and  his  tenants  of  Invernettie  and  Lytill  Cocklaw.     Cautioner  Robert 
Keythe  of  Turrituthill.     Peats  in  the  Moss  of  Quhythill. 

1 8.  James  Leslie  in  [?  of]  Ryhill  v.  Wm.  Smythe  in  Ryhill,  Wm.  Clark  there,  John 
Neische  in  Ardone,  Henry  Kennauchie  there  &  Thomas  Lyall  in  Haltoune  of  Ardone. 
Cautioner  Wm.  Leslie  at  the  Mylne  of  Buchanstoune. 

25.  Patrick  Bannerman  of  Bomakessic  v.  Andrew  Ross  in  Fechill  and  John  Steinsone 

there,  who  were  cautioners  for  each  other.     Peats  in  the  Moss  of  Pounotar. 

28.  Gilbert  Johnstoune  of  Peteismylne  v.  John  Watsone  in  Ilalkhillok.     Cautioner 
Thomas  Moresone  in  Auld  Govell. 

29.  Nicolas  Wardlaw,    Lady   Bonitoun   and    George   Gordoun   of  Gicht   v.    Gilbert 
Tailzeour  in  Middilmurie.     Cautioner  George  Bruce,  Saidler,  burgess  of  Abd. 

James  Findlay  in  Newburgh,  as  assignee  of  Margaret  Waus  v.  Wm.  Stewin  in 
Pottertoun.  Arrestment  loosed  of  consent. 

Aug.     i.  George  Middiltoune  at  the  Mylne  of  Auchtercoull  v.  James  Gordoune  of  Bogaertie. 

Cautioner  James  Gordoun  of  Pronie. 

4.  The   Earl   of    Murray   and   Gilbert   Baird   of   Auchmedden   v.   John   Forbes   of 

Petnacaddell.      Cautioner  James  Forbes,   Mariner,   burgess  of  Abd.      Dispute  about 
the  Commonly  of  Glencuthill  and  Auchmedden. 

182 


Judicial  Enactments:  Vol.  IL,  Contents 


1612. 

Aug.  7.  Loosing  of  Arrestment.      Helene  Leythe,  widow  of  Mr.  George  Leythe,  son 

of  John  Leythe  of  Harthill  v.  Andrew  Andersone,  sometime  in  Thriefeild  of  Bonytoun 
[now  Freefield]  then  in  Meikill  Durnocht.  Cautioner  Thomas  Leslie  in  Meikill 
Durnocht. 

Manslaughter.  John  Kowie  in  Strechin  was  accused  of  the  slaughter  of  Andrew 
Logic,  son  of  the  late  John  Logic  in  Strechin.  Cautioner  David  Meluing,  servitor  to 
Wm.  Forbes  of  Tolquhone. 

ii.  Loosing  of  Arrestment.     Alex.  Dewny  in  Marivall  [Marywell]  v.  John  Evin  in 

Beltcraigis.     Cautioner  Patrick  Gordoune  of  Birsmoir. 

Assault.  Alexr.  Chopman  in  New  Watterecht  was  accused  of  the  "  dinging  & 
striking"  of  Thomas  Wastland,  Begger  in  Echt."  Alexr.  Smyth  at  the  Kirk  of  Echt 
was  cautioner  for  his  appearance  to  be  tried  on  "  Micheall  Ewin." 

14.  Loosings  of  Arrestments.     Adam  Gordoun  of  Glenbuchet  z>.  Sir  Alexr.  Fraser 
of  Fraserisburgh,  knight.      Cautioner  Robert  Steuart  of  Invernorthe.      "The  cornis 
sawin  be  the  said  Sir  Alexr.  upone  ane  pairt  callit  the  Gaschefauldis  and  Gaschemoss." 

15.  Alexr.  Skeine  of  Colquhorsie  v.  Alexr.  Collie  in  the  Maines  of  Eacht.     Cautioner 
Andrew  Strauchin  in  the  Maines  of  Eacht.     Claim  for  rent  as  specified  in  the  entry. 

Alexr.  Gordoune  of  Rothmeis  v.  Patrick  Andersone,  sometime  in  Rothmeis,  then 
in  Bonytoune.  Cautioner  Andrew  Andersone  in  Bonytoune.  Claim  for  rent. 

17.  Alexr.  Straquhin  of  Glenkyndie  v.  Thomas  Simsone  sometime  in  Auchnagat,  then 

in  Carnenadaillie.     Cautioner  Hectour  Davidsone  of  Baithishauche.     Claim  for  rent. 

Peter,  Bishop  of  Abd.,  the  Provost,  &c.,  of  the  Burgh  of  Abd.,  and  George 
Gardyne  in  Blairtoun  v.  Mr.  Robert  Gardyne  of  Blairtoun  and  Isobell  Stewart,  his 
mother.  Cautioner  Mr.  Alex.  Gardyne,  Bailie  Depute  of  the  "  Bischoprick  "  of  Abd. 
Peats  cast  upon  a  piece  of  land  called  the  "  Deanis  Loche." 

19.  Hectour  Davidsone  of  Beithishauche  z>.  James  Watt  at  the  Mylne  of  Glaschaw. 
Cautioner  John  Leslie  of  Kearthine. 

20.  Robert  Steuart  of  Countiswalls  v.  Robert  Thomsone  in  Ord.     Cautioner  Alexr. 
Manie  in  Ouircantley.    The  claim  was  the  rent  of  the  "  Mylne  &   Mylne  croft  of 
Brotherfeidill "  [Brotherfield]. 

The  Provost,  Bailies,  £c.,  of  Kintoir  v.  Wm.  Mackie  and  John  Chalmer  in 
Tofthills.  Cautioner  Leonard  Leslie,  burgess  of  Abd.  A  dispute  about  a  part  of 
Tofthills  called  the  "  Nether  Dauche  of  Kintoir." 

24.  Dismembration.     The  Crown  and  Wm.  Leithe  in  Straloche  v.  Andrew  Simmer 

in  Easter  Disblair.  Cautioner  Robert  Beverley  in  Monycabok.  There  was  an  arrest- 
ment  here  apparently  upon  the  dependence  of  an  action  by  Leith  in  the  Court  of 
Session. 


Aberdeenshire  Sheriff  Court: 

1612. 

Aug.  26.  Loosings   of  Arrestments.       John   Hill   in  Kintoir  v.  Donald  Andersone  in 

Kintoir.     Cautioner  David  Andersone,  burgess  of  Kintoir. 

27.  Wm.  Forbes  of  Logic  v.  Thomas  Moresone  in  Auld  Gowill.     Cautioner  Wm. 
Gordoune  in  Glen  of  Dyce.     Dispute  about  ground  on  the  west  side  of  Auld  Gowill 
and  upon  the  east  side  of  Logie  [Fintray]. 

28.  Wm.  Leilhe  in  Straloche  v.  Andrew  Davidsone  in  Waster  Disblair.     Cautioner 
Thomas  Davidsone  in  Middill  Disblair. 

29.  Thomas  Frascr  of  Strechin  v.  Thomas  Forrest  in  Auchintum.     Cautioners  Wm. 
Craigheid,  burgess  of  Abd.  and  Duncane  Forrest  in  [?]  Sacanruiff.     Claim  for  the  rent 
of  land  and  the  Walkmylne  of  Strechin. 

John  Forbes,  fiar  of  Polflug  z:  Andrew  Blakhall  in  Colquhorsie.  Cautioner  Wm. 
Murcour,  burgess  of  Abd.  Corns  sown  upon  the  lands  of  Knokquharne. 

Septr.   2.  Alexr.   Fraser  in   Brotherfeild  v.   Robert  Thomsone  in  Ord.     Cautioner  Alexr. 

Rait  in  Kearnetoune  of  Kennertie. 

Alexr.  Irving,  fiar  of  Lenturk  v.  George  Leslie,  fiar  of  Kincraigie,  and  his  tenants 
of  Tillhnair.  Cautioner  Patrick  Leslie  of  Kincraigie.  This  dispute  concerned  "  ane 
peice  mure  callit  the  Balintorie  one  the  wast  syid  of  the  waird  of  Lenturk  &  cornc 
landis  thairof  &  on  the  eist  syid  of  the  landis  of  Tillimair." 

3.  Gilbert  Blakhall  in  Colquhorsie  v.  John  Tailzeour  in  Litill  Finersie,     Cautioner 
Henry  Forbes,  burgess  of  Abd.     The  rent  of  "  ane  grass  hous"  was  claimed. 

4.  Dismembration.     Wm.  Leithe  in  Straloche  v.  Thomas  Crocat  in  Baddindauche. 
Cautioner  James  Johnestoune  of  Baddindauche. 

7.  Loosings  of  Arrestments.     James  Grant  of  Inverernane  v.  George  Forbes  in 
Skelliter  and  John  McCadgyll  there.     Cautioner  George  Elphinstoune,  saidler,  burgess 
of  Abd.     Corn  sown  upon  ground  called  Dalgrcigie. 

8.  Wm.  Forbes  of  Tolquhone  and  John  Forbes  of  Petnacaddell  v.  Gilbert  Baird  of 
Auchmedden    and  John    Cowie    in    Lemmes.        Cautioner  Thomas  Cowie,  younger, 
burgess  of  Abd.     A  boundary  dispute. 

12.  Alexr.    Strauchin   of    Glenkindie   v.    Bessie    Haltar  in   the   Maincs   of  Sauock. 

Cautioner  Thomas  Merscr,  Notary  Public  in  Abd. 

Alexr.  Cuming  of  Coulter  v.  RoLert  Broune  in  Schedokislcy.  Cautioner  Thomas 
Forbes,  burgess  of  Abd.  A  claim  for  damage  to  farm  buildings  on  Lasts. 

Wm.  Sym  in  Middill  Disblair  v.  John  Gardyne  in  Eister  Disblair.  Cautioner 
George  Gardyne  in  Colquhorsie. 

Martin  Howesone  and  Thomas  Forbes,  burgesses  of  Abd.  v.  Robert  Forfar  in 
Binzell.  Cautioner  Patrick  P'orbes,  fiar  of  Lethintie.  Corn  sown  near  "  the  Kcarne" 
of  Binzell  and  about  the  "  Standing  Steanis." 

184 


Judicial  Enactments:  Vol.  IL,  Contents 


1612. 

Septr.  12.  Loosings  of  Arrestments.      Alcxr.   Abcrcrombie  of  Birkenbog  z>.  Andrew  Sy 

in  New  Rain.     Cautioner  Wm.  Forbes,  burgess  of  Abd. 

14.  Peter  Maitland,  burgess  of  Abd.  v.  David  Aidie,  burgess  of  Abd.      Cautioner 

John  Mylne,  Cowper,  burgess  of  Abd. 

1 8.  Alexr.   Stewin  in  Broikhoillis  v.   Alexr.   Straquhin  in  Windiehillis.      Cautioner 
Robert  Hoig  of  Gellanc. 

Removing.     Wm.  Paull,  alias  Burnet,  in  Skletie  consented  to  remove  from  four 
oxengait  of  Skletie  belonging  to  John  Gordoune  of  Crabistoun. 

19.  Loosings  of  Arrestments.     John  Erskyne  of  Balhaggartie  :>.  Alexr.  Straquhin 
of  Glenkyndie.     Cautioner  Mr.  Duncan  Forbes  of  Bannagask.     A  dispute  about  the 
Bakmoss  of  Auchnagat. 

26.  Martin  Howisone  and  Thomas  Forbes,  burgesses  of  Abd.  v.  John  Tailzcour  in 

Robertstoune.     Cautioner  Richard  Trowpe  in  the  Maines  of  Coulter. 

30.  George  and  Gilbert  Blakhall,  lawful  sons  of  Alexr.  Blakhall  of  that  Ilk,  and  their 
father  as  their  tutor,  v.  Thomas  Duncane  in  Auldtoun  of  Knokinblewis.     Cautioner 
John  Mackiesone,  burgess  of  Inverurie. 

Octr.    2.  Patrick,  Earl  of  Kingornc,  Lord  Lyone  and  Glamis  v.  Robert  Joss  in  Leuchlandis. 

Cautioner  Alexr.  Annand  of  Ochterellone. 

5.  The  Earl  of  Kingorne  v.  Walter  Paull  in  Mondurno.      Cautioner  Alexr.   Blak, 

Maltman,  burgess  of  Aberdeen. 

7.  Henry  Gibsone,  servitor  to   George,   Marquis   of  Iluntlic  v.  John    Smythe    in 

Quhythill.  Cautioner  John  Gordoune  of  Auchanauchie.  The  rent  of  four  oxengait  of 
Quhythill  was  claimed. 

12.  Assault— Blood- Drawing.     The  Procurator  Fiscal  v.  Thomas  Smythe  in  Baddin- 

dauche,  who  was  charged  with  having  assaulted  Arthur  Galloway  in  Lauchintillie. 
Cautioner  James  Johnestoune  of  Baddindauche. 

23.  Loosings   of  Arrestments.      James   Forbes   of  Lethintie   v.   George    Moir  in 

Lethintie,  George  Blakhall  there,  Andrew  Clerk  there,  Thomas  Alschioner  there, 
Alexr.  Glennie  at  the  Mylne  of  Lethintie,  Wm.  Johnestoune  in  Auchinclciche  and 
John  Forbes  in  Lethintie.  Cautioner  Patrick  Forbes,  Fiar  of  Lethintie. 

29.  Duncan  Andersone  at  the  Mylne  of  Echt  v.  Alexr.  Donaldsone  in  Kynnernie. 

Cautioner  Patrick  Donaldsone,  burgess  of  Abd. 

31.  Alexr.    Blair,    Tailzeour,    burgess    of   Abd.    v.    Robert    Forbes    in    Auchrenic. 
Cautioner  James  Jamesone  in  Meikill  Clintertie. 

Novr.    2.  John  Richie,  son  of  Bartholl  Richie  in  Quhythill  of  Invernettie  and  Wm.  Keillo 

in  Boddume  v.  Marjorie  Kellie,  widow  of  Wm.  Kay  in  Aidie.     Cautioner  James  Ewin 
in  Slains. 
AA  185 


Aberdeenshire  Sheriff  Court: 

1612. 

Novr.  3.  Loosings  of  Arrestments.      James   Low   in   Kemnay  v.   Wm.   Andersone   in 

Fowlertoune.     Cautioner  Adam  Watt  in  Auchquhortheis. 

The  Procurator  Fiscal  v.  Robert  Kintor,  burgess  of  Abd.  Cautioner  George 
Elphinstoune,  burgess  of  Abd. 

5.  John  Leslie  of  Balquhene  r.  John  Davidsone,  elder  in  Inneramsay.      Cautioner 

John  Davidsone  there. 

II.  John  Gordoune  of  Lentusche  v.   George  Blak  in  Nethertoun  of  Knokinglewis. 

Cautioner  Alexr.  Gordoune  of  Scheilgreine. 

Alexr.  Donaldsonc  in  Knokincroy  v.  Robert  Donaldsone  in  Invernettie.  Cautioner 
George  Elphinstoune,  Saidler,  burgess  of  Abd. 

Alexr.  Blair,  Tailzeour,  burgess  of  Abd.  as  assignee  of  John  Gray  in  Tartowic  v . 
Robert  Forbes  in  Auchrenic.  Cautioner  Mr.  Duncan  Forbes  of  Balnagaisk. 

13.  John    Gordoune   of  Lentusche   r.  James   Sengzeour   in   Balquhene.      Cautioner 
Thomas  Moir  at  the  Mylne  of  Enramsay.     A  sum  in  the  hands  of  Alexr.  Melving  in 
Balquhene  was  specially  arrested. 

Wm.  Sectour  in  Dilquhuid  v.  Wm.  Fraser,  lawful  son  of  Thomas  Eraser  of  Durris. 
Cautioner  Wm.  Irving  of  Beltie. 

Murder.  The  Procurator  Fiscal  v.  Andrew  Gray  in  Perkhill  of  Kemnay  and 
Cristiane  Gray  his  wife,  who  were  charged  with  the  murder  of  one  Elspet  Johnstoune. 
For  their  appearance  before  the  Sheriff  for  trial  on  I  Deer.,  and  for  the  loosing  of  an 
arrestment,  John  Skene,  burgess  of  Abd.  was  cautioner. 

14.  Loosings    of   Arrestments.      Mr.    Wm.    Ray  v.    Wm.    Forbes  in   Tartowie. 
Cautioner  Mr.  Andrew  Leslie,  lawful  son  of  the  late  John  Leslie  sometime  of  Boigis. 
A  sum  of  ^99  was  arrested  in  the  hands  of  John  Bisset  of  Peltichie  and 

widow  of  Thomas  Glennie  at  Scottismylne. 

Patrick  Gordoune  of  Nethermure  v.  Robert  Sinclair  in  Auchnagatt.  Cautioner 
Alexr.  Straquhin  of  Glenkyndie. 

John  Gray  at  the  Mylne  of  Leask  v.  Patrick  Snell  at  the  Mylne  of  Collestoun. 
Cautioner  Andrew  Snell  there. 

Blood-drawing  and  Mutilation.  The  Procurator  Fiscal  &  Wm.  Andersone  in 
Kinglasser  [the  injured  party]  v.  Troyalus  Knight  in  Kinglasser.  For  Knight's 
appearance  on  27  November  and  for  loosing  of  arrestment,  James  Dalgardnoch  in 
Aucheires  and  Cuthberd  Fraser  in  Kinboig  were  cautioners. 

18.  Loosing  of  Arrestment.     George  Currour,  sometime  of  Dyce  v.  Bartholl  Leslie. 

Cautioner   George   Dalgardnoch   in   Ardmurdo.      The    Multures    of    the    Mylne    of 
Femieweill  were  claimed. 

186 


Judicial  Enactments:  Vol.  II.,  Contents 

1612. 

Novr.  1 8.  Renunciation.     Elspet  Dumbreck  wife  of  Henry  Annand,  sometime  of  Orcher- 

toun,  renounced  whatever  rights  she  had  to  "  Orchertoune,  Smydie  croft  and  Dowcat 
of  the  samen"  as  principal  lands,  and  to  the  lands  of  Ulaw  as  warrandice  lands,  to  and 
in  favor  of  Arthur  Setoune,  burgess  of  Abd.  in  liferent  and  George  Setoune  of  Schethyne 
and  his  heirs  male,  etc.,  in  fee. 

19.  Loosing'  of  Arrestment.     Wm.  Clerk  in  Langschawbray  v.  Wm.  Cruikschank 
in  Bilbo.     Cautioner  Robert.  Demptster  of  Cuschnie. 

20.  Lawborrows.       Robert    Bauerlay   in    Monycabak    and    Gilbert    Corthanes   in 
Boddumes  v.   Alexr.  Johnestoune  in  Mameulauch.      Cautioner  Gilbert  Johnestoune 
in  Bonakettill. 

21.  Loosings  of  Arrestments.      Wm.  Andersone  in  Kinglasser  v.  Alexr.  Crowden 
in  Kinglasser.     Cautioner  Alexr.  Fraser,  Portioner  of  Memsie. 

Deer.    5.  Sir    Wm.    Keyth    of    Ludquharne,    Knight,    v.    Helen    Adamsone    in    Fercok. 

Cautioners  Alexr.  Mowat  in  Lytill  Creichie  of  Deir  and  James  Donaldsone  in 
Percok. 

II.  Margaret  Mclntoische  and  Wm.  Sutherland  of  Duffus,  her  husband  v.  Margaret 

Skeine,  widow  of  Wm.  Forbes  of  Pettalachie.  Cautioner  John  Forbes  of  Camphell. 
The  whole  "  maills  fermes  keanis  customes  dewiteis  and  dew  fermes  "  of  Pettelachie, 
Knoksoull,  Kairnemuir,  Boigstoun,  Boig  and  Messonis  Croft. 

15.  Thomas  Wilken  in  the  Lyne  v.  Wm.  Farquhar  in  Petmuckstoune.     Cautioner  Mr. 
James  Keithe  there.       Farquhar's  coat  containing   two   ells  of  "  grayis "  had   been 
arrested  in  the  hands  of  Wm.  Cowpar,  Tailzeour  in  Ferriehill. 

Robert  Stewart  of  Countesswallis  v.  Thomas  Fraser  there.  Cautioner  Alexr. 
Smylhe,  Cordoner,  burgess  of  Abd.  This  Act  was  discharged  by  a  marking  on  the 
margin  dated  30  July,  1614. 

16.  Patrick  Walker,  Merchand  in  Tarves  v.  Robert  Johnstoun  in  Tarves.     Cautioner 
Andrew  Howatt,  burgess  of  Abd. 

18.  Alexr.  Cuming  of  Culter  v.  Robert  Stewart  of  Countesswallis.     Cautioner  Francis 
Keyth,  son  of  John  Keyth  of  Northfeild. 

19.  John  Reithe  in  Tillimad  v.  Thomas  Andersone  in  Toddelhills.     Cautioner  John 
Simsone  in  Cauldwallis  et  e  contra. 

Alexr.  Cheyne  of  Cauldwallis  v.  Thomas  Andersone  in  Toddelhills.  Cautioner 
John  Simsone  in  Cauldwallis. 

22.  Warranty  of  Title.      Robert  Cowtis  in  Colquhonie  having  sold  four  cows  to 
Wm.  Andersone  in  Finnalost,  James  Gell  in  Belnabodache,  Patrick  Andersone  at  the 
Kirk  of  Invernochtie,  Thomas  Hay  in  Bellibeg  and  Elspet  Grassiche  in  Tullochaspak, 
now  warranted  them  at  all  hands  and  specially  against  claims  at  the  instance  of  John 
Stewin  in  Warthill  of  Lumphannand. 

187 


Aberdeenshire  Sheriff  Court: 

1612. 

Deer.  23.  Loosings   of   Arrestments.      Dav'd    Kempt,    Baxter,   and  Andrew   Watsone, 

Wricht,  burgesses  of  Abd.  v.  Thomas  Thomsone,  burgess  of  Abd.  Cautioner  John 
Cruikschank,  burgess  of  Abd. 

Robert  Low  in  Cottoune  of  Gicht  v.  George  Murray  in  Boigheids  of  Fywie. 
Cautioner  George  Kar,  Younger  of  Benvellis. 

28.  Judicial  Obligation.     James  Hervie,  eldest  son  of  Andrew  Hervie  of  Elrik  and 

Wm.  Andersone  in  Boighoill  and  George  Forbes  in  the  Hill  of  Drumnagar,  his  tenants, 
bound  themselves  to  deliver  certain  victual  to  Mr.  Wm.  Moir,  burgess  of  Abd.  at  his 
house  there  between  the  feasts  of  Yuill  &  Candilmes,  1613. 

31.  Loosings  of  Arrestments.      Peter,   Bishop  of  Aberdeen  v.   Lucras  [Lucretia] 

Mowtray,  widow  of  John  Leyth  of  Edingerrak  and  Wm.  Andersone,  sometime  in 
Boighoill  then  in  Elrik.  Cautioner  James  Hervie  of  Elrik.  Rents  of  Boighoill  were 
claimed. 

James,    Earl   of  Murray   v.   Wm.   &  James   Symmers  and  Thomas  Rob  all   in 
Haltoune   of  Fintray.      The   parties   were   cautioners  for  each  other.      A  claim  for 
rents. 
1613. 

Jany.     I.  Wm.  Keyth  in  Adane,  natural  son  of  the  late  Alexr.  Keyth  of  Karnes  a.  Wm. 

Fywie  and  Elspet  Nicoll  in  Altrie.     Cautioner  Gilbert  Gordoun,  burgess  of  Abd. 

2.  Margaret  Gardyne,  widow  of  Wm.  Stewart  of  Cowsteanis  and  wife  of  Mr.  Robert 

Udnie  of  Tillicorthie  v.  Thomas  Thomsone,  Thomas  Clerk  &  Wm.  Woid  all  in 
Cowsteanis,  who  were  cautioners  for  each  other, 

7.  John   Gordoun   of  Lentusche,   Sheriff  depute  of  Abd.   v.   Thomas  Muir  at  the 

Chappell  of  Gareoche.     Cautioner  James  Senzeour  in  Balquhene. 

13.  Dame  Jeillis  Grame,  Countes  of  Angous  v.  Marioun  Kellie,  widow  of  John  Kellie 
in  Auchquhythie.     Cautioner  John  Andersone  in  Fowlertoun  of  Thainstoun. 

Reset  of  Theft.  John  Gordoun  of  Lentusche,  Sheriff  depute  v.  Alexander 
Slewin  and  John  Stewin  in  Inverourie,  who  were  charged  with  being  "  alledgit  airt 
pairt  counsell  &  recepting  from  Thomas  Boner  of  certane  stowin  fangis." 

14,  Loosings  of  Arrestments.      Gilbert  Keyth  of  Auchcires  v.   Alexr.  Andersone 
there.     Cautioner  James  Andersone  in  Corthiebray. 

1 6.          James  Gardyne  of  Blakfuird  v.  John  Watsone  in  Smiddieburne.     Cautioner  Henry 
Kemptie  at  the  Mylne  of  Gourdes. 

Margaret  Gardyne,  widow  of  Wm.  Stewart  of  Cowsteanis  and  Mr.  Robert  Udnie 
of  Tillicorthie,  her  husband  v.  Andrew  Cuming  &  Alexr.  Porter  in  Garlhie,  who  were 
cautioners  for  each  other. 

21.  Alexr.  Leslie,  Portioner  of  Auquhorsk  v,  Thomas  Clerk  in  Cowsteanis.    Cautioner 

Thomas  Smyth  in  Baddindauche.     Apparently  a  claim  for  rent. 

188 


Judicial  Enactments :  Vol.  II.,  Contents 
1613. 

Jany.  23.  Loosings  of  Arrestments.     Allaster  Andersone  in  Rippachie  v.  Thomas  Burnet, 

lawful  son  of  Thomas  Burnet  of  Ennettis.  Cautioner  James  Gordoun,  burgess  of  Abd. 
The  corn  on  the  lands  of  Tronic. 

Margaret  Bartlat,  widow  of  James  Wobster,  sometime  in  Tilliry  and  James 
Connand  in  Tilliewe  v.  John  Cowper  in  Pettimuk.  Cautioner  Alexr.  Cowper  in 
Hill  of  Fiddes. 

John  Stewin  in  Wodsyid  v.  William  Clerk  in  Nether  Lainschaw.  Cautioner 
Andrew  Home,  younger,  burgess  of  Abd. 

James  Pcttindreiche  v.  Thomas  Cocker  at  the  Mylne  of  Knoklcyth.  Cautioner 
John  Demptster  of  Knokleyth. 

29.  Robert,  Walter,  Nicoll,  David  and  Bessie  Bauerlay  and  James  Connand  in  Tilliew, 
husband  of  Bessie  Bauerlay  v .  Alexr.  Young  in  Monycabak.    Cautioner  Thomas  Cargill 
in  Boddumes. 

30.  John    Leslie    of    Pelcapill    v.   Andrew  Archibauld   at   the    Mylne   of    Warlhill. 
Cautioner  Robert  Abircrombie  at  the  Mylne  of  Petmedden. 

Feby.    5.  Patrick  Allane  in  Fraserisburgh  v.  John  Greig  there.     Cautioner  Robert  Stewart 

in  Invernorthe. 

6.  John  Gordoun  of  Awachie  v.  Andrew  Crichtoun  in  Tempill  Land  of  Auchterlcs. 

Cautioner  Mr.  Robert  Maitland,  Persone  of  Auchterles. 

Removing'.  Majorie  Midlar,  widow  of  Win.  Davidsone  in  Raneistoune,  and 
Henry  Ligertwoid  there  consented  to  remove  from  their  holdings  under  Thomas  Cheyne 
of  Raneistoune  at  Whitsunday  following. 

II.  Acknowledgment  of  Debt.     James  Irving  in  Beildsyid  acknowledged  himself 

to  be  due  to  Mr.  Gilbert  Gray,  "  Principall  of  the  College  of  New  Abd."  4  bolls  beir, 
10  firlots  meill  and  a  lamb  for  rent. 

13.  Renunciation.     Margaret    Gardyne,    widow    of   Wm.    Stewart,    sometime    of 

Settoune,  and  wife  of  Mr.  Robert  Udnie  of  Tillicorthie,  renounced  in  favor  of  Sir 
Robert  Keythe  of  Benholmc,  Knight,  all  right  she  might  have  to  the  "  toune  and 
landis  of  Settoun  Bruntrigis  Siefeild  and  Cunniger  thairof  the  Waird  callit  Bischopis 
waird  and  Sanct  Machares  insche  stok  or  teyned  scheawis  thairof  or  in  and  to  ane 
half  nettis  Sahnond  fisching  one  the  waiter  of  Done  aboue  and  beneth  the  brig  of  the 
samen  hauldin  of  the  Bischop  of  Abd. " 

1 6.  Renunciation  and  Discharge.     By  this  act  Arthur  Forbes  in  Balfour  declared 

to  be  redeemed  by  Alexr.  Straquhin  of  Glenkyndie,  "ane  pleuche  of  the  Mains  of 
Glenkyndie."  The  wadset  of  the  land  had  originally  been  made  by  Wm.  Straquhin, 
the  grandfather  of  Alexander,  to  Duncan  Forbes  of  Balfour,  the  father  of  Arthur. 

20.  Loosing  of  Arrestment.      John  Symsone  at  the  Mylne  of  Skletic  r.  Andrew 

Torrie  in  Auld  Abd.     Cautioner  Andrew  Matthowsone,  Fermorar,  indweller  in  Abd. 

189 


Aberdeenshire  Sheriff  Court: 

1613. 

Feby.  24.  Loosing  of  Arrestment.      Wm.  Udnie  in  Auchloune  v.  John  Mylne  in  Auld 

Abd.     Cautioner  Mr.  Wm.  Chalmers  of  Waster  Disblair. 

27.  Theft.     Mr.  Wm.  Barclay,  Procurator  Fiscal  v.  John  Tailzeour  in  Crabistoun. 

Cautioner  George  Keythe,  Saidler,  burgess  of  Abd. 

March  3.  Loosing  of  Arrestment.      Arthur  Seltoune  of  Orchertoun  v.  Gilbert  Annand, 

burgess  of  Abd.  Cautioner  Win.  Blakhall,  Mailman,  burgess  of  Abd.  There  had 
heen  arrested  15  bolls  "  gryt  aittis  cheriteit." 

n.  Caution  to  Appear.     The  Crown  v.  Andrew  Davidsone  in  Waster  Disblair,  for 

whose  appearance  on  15  days  warning  "for  sic  criminall  factis  as  sail  be  laid  to  his 
chairge  "  and  for  the  loosing  of  an  arrestment,  Mr.  Wm.  Chalmer,  portioner  of  Waster 
Disblair,  was  cautioner. 

19.  Loosings   of   Arrestments.      James   Forbes   of  Lethinlie   v.    James    Brabner, 

Maltman,  burgess  of  Abd.     Cautioner  Peter  Merschall,  Mailman,  burgess  there. 

22.  Thomas  Robertsone  in  Ihe  Wod  of  Drum,  Alexr.  Smyth  in  Beildsyd,  James  Mowat 

in  Dowaltie  and  Alexr.  George,  Messenger,  v.  Robert  Irving,  Cowper,  burgess  of 
Abd.  Cautioner  George  Scot,  burgess  there. 

24.  Renunciation.      Isobel  Gordoune,  lawful  daughter  of  John  Gordoune  of  New- 

toune,  and  wife  of  George  Gordoune,  fiar  of  Beldornie,  renounced  in  favor  of  the  said 
John  Gordoune  and  Margaret  Udnie,  his  wife,  in  conjunct  fee  and  the  longest  liver  and 
to  his  heirs,  whom  failing  to  Janet  Gordoune,  the  said  John's  daughter,  parts  of  the 
lands  of  Monycabak. 

26.  Removing.     Robert  Thomsone  at  the  Mylne  of  Ord  bound  himself  to  remove  at 

Whitsunday  in  favor  of  Andrew  Burnet  in  Ord,  who  was  principal  tacksman  thereof. 

27.  Renunciation.     This  act  was  made  by  Isobell  Guthrie,  widow  of  John  Leslie, 

younger,  Citiner  in  Brechin,  and  Cristiane  Leslie,  his  only  daughter  and  heir,  with 
consent  of  Wm.  Leslie  in  Auld  Leslie,  her  husband,  in  favor  of  John  Udnie  in  Ower 
Petforthe.  The  Renunciation  was  granted  in  terms  of  a  contract  between  these  parties 
and  others,  dated  9  and  12  March,  and  related  to  a  number  of  properties  fully  described 
in  the  "  Citie  "  of  Brechin.  Among  the  parties  to  the  contract  were  Patrick  Leslie  of 
Kincragie,  George  Leslie,  fiar  thereof,  John  Leslie  son  of  Patrick  Leslie,  George 
Barroun  of  Kinard  and  Mr.  James  Guthrie,  Minister  at  Urquhart. 

Renunciation.  The  said  Isobell  Guthrie  and  Cristiane  Leslie,  with  consent  of 
the  said  Wm.  Leslie,  in  favor  of  David  Carnegie  of  Cuikstoune.  This  entry  also  refers 
to  subjects  in  Brechin  fully  described. 

29.  Loosings  of  Arrestments.     Robert  Thomsone  at  the  Mylne  of  Ord  v.  Alexr. 

Fraser  in  Brotherfeild.  Cautioners  John  Wallace  in  Beildsyd  and  John  Hendersone  in 
Schethokisley. 

Thomas  Robertsone  in  the  Woid  of  Drum,  Alexr.  Smyth  in  Beildsyd,  James 
Mowat  in  Dowaltie  and  Alexr.  George  in  Collairlie  v.  Gilbert  Stewin,  burgess  of  Abd. 
Cautioner  David  Aidie,  burgess  there. 

190 


Judicial  Enactments:  Vol.  H,  Contents 


1613. 

March  31.  Loosing  of  Arrestment.      Walter  Orel,  servitor  to  George,  Earl  Merschell,  v. 

Thomas  Norie  and  Andrew  Touche  in  Feddie.     Cautioner  John  Woid  in  Mylneboy. 
A  claim  for  rents. 

April    3.  Removing.     Robert  Broun  at  the  Mylne  of  Ranestoun  bound  himself  to  remove 

therefrom  at  Whitsunday. 

Removing.  John  Leslie  in  Kintoir  bound  himself,  in  obedience  to  a  Decree  of 
the  Court  of  Session,  dated  10  July,  1612,  and  of  letters  of  horning  at  the  instance  of 
Mr.  Gilbert  Gray,  principal  and  common  procurator  of  the  New  College  of  Abd.  and 
remanent  members  of  the  said  College,  to  remove  at  Whitsunday  from  8  roods  in  the 
town  of  Kintoir  "  perteining  of  auld  to  the  freiris  of  the  said  burgh  of  Abd.  and  now  to 
the  said  College."  The  roods  are  fully  described  in  the  entry. 

7.  Loosing  of  Arrestment.     James  Brabner,  Maltman,  burgess  of  Abd.  v.  Andrew 
Donald  in  Conglass.     Cautioner  John  Donald  in  Portstoune. 

8.  Curatory  ad  Litem.     The  Sheriff  depute  appointed  Mr.  Robert  Paip,  Advocate, 
Tutor   ad   litem   to   George  Johnestoune   of  that  Ilk  for  the  purpose  of  sueing  out 
removings  against  tenants,  etc.      Cautioner  Win.  Craig,  Rothiesieherrald  [Rothesay 
Herald]. 

9.  Removing.     Margaret  Makcomtosche,  widow  of  Alexander  Forbes  of  Petsligo 
and  wife  of  Wm.  Sutherland  of  Duffus  v.  John  Forbes  of  Campbell.     The  lady  was 
liferentrix  of  the  lands  of  Pettellochie,  Knokissoul,  Bogstoun,  Kayrnemoir  and  Maissonis 
Croft  in  the  parish  of  Coldstone  and  had  raised  letters  of  horning  against  Forbes  for 
removing. 

14.  Loosings  of  Arrestments.     George  Leslie  of  that  Ilk  v.  George  Leslie  in  the 
Mains  of  Leslie.     Cautioner  Patrick  Innes  of  Edingerrak. 

15.  Hectour  Abircrombie  of  Wasthall  v.   Alexr.    Leslie  at  the  Mylne  of  Wasthall. 
Cautioner  John  Leyth  of  Raine. 

17.          John  Gordoune  in  Drymmeis  v.  James  Gordoune  in  Drymmeis.     Cautioner  James 
Hervie  of  Elrick. 

23.  John  Johnestoun  in  Tilliriauche  v.   Alexr.   Patersone  in  Damgrein.      Cautioner 
Robert  Johnestoune  in  Kayismylne. 

24.  Assault,   Blood-drawing.     The  Procurator  Fiscal  v.  Patrick  Moreis  in  Brexhill, 
who  was  charged  with  "oppressing  trubling  dinging  striking  and  bluid  drawing  of 
Magdalen  Greig  spous  to  Duncane  Forrest  in  Petfour."     Cautioner  John  Moreis  in 
Brexhill. 

26.  Loosings  of  Arrestments.     George,  Earl  Merschell  v.  Isobel  Mengzeis,  widow 

of  John  Forbes  of  Boig  [or  Brig]  and  liferentrix  of  the  lands  of  Tofthills  where  peats 
had  been  arrested.     Cautioner  Mr.  John  Mortymer,  burgess  of  Abd. 

May      5.  Arthur  Scherar  in  Auchlie  v.  Thomas  Bisset  at  the  Mylne  of  Gatus  [or  Gatis],  Wm. 

Bisset  his  son  there  and  John  Bisset  at  the  Kirk  of  Cremound.     Cautioner  George 
Dowertie,  burgess  of  Abd. 

191 


Aberdeenshire  Sheriff  Court : 

1613. 

May    14.  Judicial    Ratification.       Lucres    [Lucretia]    Hervy,    wife   of   Wm.    Forbes  of 

Logiefintray  ratified  an  alienation  to  Adam  Gordoune  of  Boighoill  of  ten  oxengait  of 
the  lands  of  Elrick  occupied  by  Alexr.  Ventoun. 

1 6.  Loosings    of   Arrestments.      James   Gordone,    fiar    of  Newtoun   v.    Symoun 

Galloway  in  Carnhill.     Cautioner  Mr.  Wm.  Moir,  burgess  of  Abd. 

19.  John  Leslie  of  Wardes  i<.  Margaret  Watsone,  widow  of  Andrew  Andersone  in 
Mcikill  Durnoch.     Cautioner  John  Watsone  in  Lytill  Gowill. 

Robert  Carnigie  of  Kirktoun  of  Aboyne  T'.  Andrew  Edie  in  Waster  Kincardin. 
Cautioner  James  Ray,  burgess  of  Abd. 

Judicial  Obligation.  Hypothecation.  Andrew  Cargill  in  Boddumes  admitted 
being  due  to  Alexr.  Murray,  burgess  of  Abd.  his  landlord,  certain  rents  in  money  and 
kind,  whicli  he  bound  himself  to  pay,  and  declared  that  the  crop  upon  his  holding  was 
to  be  astricted  and  hypothecated  in  security  for  more  sure  payment. 

20.  Loosings  of  Arrestments.     John  Fraser  of  Meikill  Crichie  v.  John  Daniell  in 
Crichie.     Cautioner  Alexr.  Daniell  there. 

21.  George  Scot  of  Perskow  v.  Andrew  Rickert  in  Perskow.     Cautioner  Alexr.  Fraser 
in  Perk  of  Cremond.     In  this  as  in  a  good  many  aircstments  the  "  haill  tymber  durris 
&  windowis  of  the  bigingis"  were  arrested. 

22.  James  Leslie  of  Ryhill  v.  Henry  Leslie  in  Ryhill.     Cautioner  George  Elphinstoun, 
Saidler,  burgess  of  Abd. 

James  Prat  in  Auldquhat  v.  Andrew  Gray  in  Culsche  of  Feddrct.  Cautioner  Mr. 
Robert  Lumisden  of  Auchinlek. 

Renunciation  and  Discharge.  Helen  Innes,  widow  of  George  Innes  in  Calsie- 
end  of  Towie  and  George  Gordoune,  then  her  husband,  acknowledged  receipt  from 
Arthur,  Lord  Forbes,  of  1000  merks  for  the  redemption  of  the  "  sext  pairt  toune  & 
lands  of  Towie  callit  the  Calsie  end  "  in  the  Parish  of  Clatt.  The  money  belonged  to 
the  female  granter  in  liferent  and  her  only  son  Arthur  Innes  in  fee.  James  Gordoune 
of  Knokaspak  bound  himself  as  cautioner  for  the  proper  application  of  the  money,  and 
joined  in  warranting  the  discharge. 

Renunciation  and  Discharge.  Patrick  Banerman  of  Balmakessie  in  favor  of 
Mr.  Robert  Gordoune  of  Fechill.  In  consideration  of  a  payment  of  1840  merks  and  of 
a  21  years  lease  to  him  of  the  lands,  Banerman  declared  to  be  redeemed  the  "  toune 
and  landis  of  the  Sone  pleuche  of  the  toune  and  landis  of  Fechill."  There  is  an 
interesting  deduction  of  Banerman's  title. 

24.  Loosings  of  Arrestments.     George  Keythe  of  Glakreauche  v.  Micheall  Jaffray 

in  Lytill  Elrick.     Cautioner  Wm.  Gordoun  in  Kiddishill. 

John  Andrew  v.  John  Gray  in  Tartowie.     Cautioner  Wm.  Forbes  in  Tartowie. 

192 


Judicial  Enactments:  Vol.  II.,  Contents 

1613. 

May  24.  Loosings  of  Arrestments.      Robert  Carnegie  of  Kirktoun  of  Aboyne  v.  Wm. 

Stewin  in  Waster  Kincardync.     Cautioner  Alexr.  Farquhar  of  Kincraigie. 

25.  Andrew  Crichtoun  in  Tempill  Land  of  Auchterless  v.  John  Gordoun  of  Awachie. 
Cautioner  James  Gordoun  at  the  Mylne  of  Ruthven. 

Renunciation  and  Discharge.  For  the  fulfilling  of  a  Contract  made  between 
James  Gordoun,  fiar  of  Newtoun  on  the  one  part  and  Alexr.  Pantoun,  burgess  of  Abd., 
with  consent  of  Robert  Hoig  of  Gellan,  William  and  Mr.  Thomas  Lowson,  burgesses 
of  Abd.,  Jean  Mengzeis,  wife  of  Pantoun,  discharged  whatever  right  she  had  to  "the 
sone  or  eist  half  of  all  and  haill  the  toune  and  landis  of  New  Rain  half  landis  of 
Barrelldyikis,"  etc.,  in  the  parish  of  Rain. 

Removing.  Ursula  Gordoune,  widow  of  John  Grant  in  Owerfulziement,  con- 
sented to  remove  from  four  oxengait  of  Dryden  in  Auchindoir  in  favor  of  James 
Gordoune  of  Lesmoir,  in  whose  name  George  Gordoune,  younger,  of  Coclairauchie, 
took  Act  of  Court. 

26.  Loosings  of  Arrestments.     Malcome  Laing  in  Smithstoun  and  \Ym.  Knox  in 
Insche  v.  Arthur  Meldrum  in  Insche.     Cautioner  George  Meldrum  in  Medipill. 

Andrew  and  Margaret  King,  lawful  children  of  John  King,  burgess  of  Abd.  and 
Andrew  King,  their  Curator,  v.  Margaret  Gairdyne  and  Mr.  Robert  Uclnie  of  Tilli- 
corthie.  Cautioner  Alexr.  Copland  of  Udoche. 

Renunciation  and  Discharge.  In  consideration  of  300  merks  paid  to  him  by 
James  Gordoun,  fiar  of  Newtoun,  James  Sengzeor  in  Balquhen  discharged  his  rights 
to  the  "  sone  half  landis  of  Barrelldyikis  with  the  schaddow  four  oxengait  of  New  Rain." 

Loosing  of  Arrestment.  Patrick  Thomsone  in  Glak  v.  John  Innes  in  Boyndis. 
Cautioner  George  Leslie  at  the  New  Mylne  of  Cremound. 

27.  Renunciation  and   Discharge.     It  would  appear  from  this  entry  that,  on  the 
marriage  of  Margaret,  only  lawful  child  of  the  late  Magnus  Keyth  of  Fynnerseis  and 
Margaret  Knowis,  his  wife,  to  Alexr.  Fraser  of  Boigheidis  in  March  preceding,  certain 
provisions  had  been  made  to  Ihe  lady,  secured  upon  the  lands  of"  Monycabak  aucht 
oxingait  lands  of  Auld  Rain  disponit  be  umqll  Patrick  Leyth  of  Harlhill  to  hir  umqll 
father  third  pairt  landis  of  Meikill  Fynnerseis  third  pairt  landis  of  Lytill  Fynnerseis  " 
and  "third  pairt  toun  and  lands  of  Monecht."      In  consideration  of  "  certane  gryt 
sowmes  of  monie  "  specified  in  the  Marriage  Contract,  paid  by  Mr.  Gilbert  Keyth, 
portioner  of  Fjnnerseis,  the  parties  now  appeared,  granted  this  discharge,  and  released 
the  lands. 

28.  Renunciation    and    Discharge.      Margaret  Keythe,  wife  of  George  Keythe  of 
Glakreauche,  renounced  and  discharged  her  rights  of  conjunct  fee  and  others  over 
"  aucht  oxingait  of  the  toune  and  landis  of  Waster  Finlray  and  to  aucht  pairt  of  the 
Wast  medow  "  in  favor  of  Mr.  Robert  Paip,  Advocate  in  Abd.  and  Elspet  Leask,  his 
wife. 

BP  193 


Aberdeenshire  Sheriff  Court: 
1613. 

May  29.  Loosings    of  Arrestments.      John   Gray  at   the   Mylne   of  Leask   v.   George 

Gardyne  in   Halkhillok   and   Gilbert   Gawan   there.      Cautioners  John   Gardyne   in 
Kinknokie  and  Alexr.  Gawan  in  Nether  Leask. 

June     2.  William  Gordoun  of  Abirzeldie  and  Duncan  Dauidsone  in  Ferrar  v.  John  Kar, 

burgess  of  Abd.     Cautioner  John  Skene,  burgess  of  Abd. 

5-  The  Baillies,  Council  and  Community  of  the  Burgh  of  Kintoir  v.  Patrick  Fowler 

in  Auchquherthyne.      Peats  in  the  moss   called   Moss  Martyne.       Cautioner  James 
Gordoun  at  the  Mylne  of  Kuthven. 

Sheepstealing.  David  Andersone  in  Cowsteanis  v.  Wm.  Ray  in  Toux.  Cautioner 
Charles  Currie  in  Middill  Disblair.  The  charge  was  for  "  the  thifteous  steilling  and 
marking  of  ane  blak  wedder  lamb  with  ane  quhyt  spot  upone  the  cheik  thairof." 

7.  Loosings  of  Arrestments.     James  Reid  at  the  Mylne  of  Brux  v.  Wm.  Merser 
in  Arsballoche.     Cautioner  Duncan  Blakhall  in  Clerkseitt. 

James  Forbes  of  Tilligonie  v.  David  Hendersone  in  Muglaymedow.  Cautioner 
Alexr.  Folay  in  Ower  Boighous  of  Tolquhone. 

8.  Assault — Blood-drawing.     The  Procurator  Fiscal  (Mr.  Wm.  Barclay)  and  John 
Ogilvie  in  Areburne  v.  Andrew  Giffert  in  Kynmundie.     Cautioner  James  Hervie  in 
Boighoill. 

9.  Removing.     Wm.  Yett  in  Fiddes  consented  to  remove  from  Ailhous  of  Fiddes,  in 
the  parish  of  Foveran,  in  favor  of  Arthur,  Lord  Forbes,  the  proprietor. 

Loosings  of  Arrestments.  John  Gordoun  of  Buckie  v.  John  Cheyne  in 
Claymyris.  Cautioner  Arthur  Setoune  in  Kilblein. 

Wm.  Donaldsone  in  Bantuithe  v.  Alexr.  Thomsone  there.  Cautioner  Wm. 
Aiking  there. 

1O.  Elspet  Watsone,  lawful  daughter  of  the  late  Wm.  Watsone  sometime  at  Walkmill 

of  Cors  v.  John  Abircrummy  there.     Cautioner  Alexr.  Forbes  in  Carnday. 

14.  Tutory.     James  Gordoune,  burgess  of  Abd.  enacted  himself  as  cautioner  for  the 
intromissions  of  John  Calder  of  Eister  Migvie,  who  was  tutor  to  John  Forbes,  lawful  son 
of  the  late  John  Forbes  of  Ardmurdo. 

15.  Loosings  of  Arrestments.    John  Hay  of  Cremound  v,  Wm.  Kempt  in  Newseat  of 
Dumbrek.     Cautioner  James  Andersone  there. 

16.  Mr.  Wm.  Forbes  of  Meanie  v.  George  Calder  in  Carnecowlie.     Cautioner  James 
Gordoun,  burgess  of  Abd. 

26.  George  Leslie  of  that  Ilk  v.  John  Leithe  of  Quhythawche  and  his  tenants  of  Dium- 

gowan.      Cautioner  Thomas  Watsone,  burgess  of  Abd.      Dispute  about  the  lands  of 
Boigis,  Hairheid  and  Tamack. 

194 


Judicial  Enactments:  Vol.  fl.t  Contents 

1613. 

June   29.  Loosing  of  Arrestment.     John  Leithe  (here  styled  of  Montgarrie)  v.  Andrew 

Leslie  in  New  Leslie,  for  whom  Leslie  of  that  Ilk  was  cautioner,  the  subject  of  dispute 
being  the  same  as  in  the  preceding  entry. 

July  5.  Removing.     John  Davidsoun,  Cordiner  in  Auld  Abd.  bound  himself  to  remove 

from  a  rig  of  land  of  Peterstoun  in  the  West  Territory  of  Auld  Abd.  belonging  to 
Charles  Robertsoun,  burgess  of  Abd. 

9.  Loosings  of  Arrestments.     George  Leslie  of  that  Ilk  v.  Patrick  Innes  of  Brindie. 

Cautioner  Andrew  Straquhin  of  Ardo.  The  boundaries  of  the  lands  which  were  in 
dispute  are  thus  described  :  "  Beginand  at  the  Gareoche  fuird  on  the  eist  syd  the 
Cardounward  [or  Cardounwall]  and  utheris  merchis  on  the  West  and  on  the  Northe  syd 
of  Brownhill  as  wind  &  wedder  scheiris." 

10.  James  Crichtoun  of  Frendraucht  v.  John   Gordoun   at  Troupis  Mylne,   George 

Michie  in  Beigishill,  Robert  Leithe  in  Steaniefeild  and  Robert  Home  there.  Cautioner 
Mr.  John  Mortymer,  burgess  of  Abd.  Dispute  about  the  Moss  of  Steaniefeild  "callit 
the  Persones  Moss." 

Sheepstealing.  The  Crown  v.  Alexr.  Glennie  in  Kirktoun  of  Premnay,  who  was 
charged  "  with  the  thiftious  steilling  of  ane  yow  with  ane  lamb  at  her  fute  fra  George 
Forbes  at  the  Mylne  of  Bairnis."  Cautioner  Wm.  Hoigis  in  Crabistoun. 

13.  Loosings  of  Arrestments.      Alexr.   Fraser,  sometime  in   Brotherfeild  then  in 

Clunie  v.  John  Phannis  in  Kynmundie  and  Marjory  Jaffray,  his  wife.  Cautioner  Wm. 
Forbes  in  Kynmundie. 

17.  Mr.  Robert  Lumisden  of  Auchinleck  v.  Andrew  Low  in  Craigmylne.     Cautioner 

George  Low  in  Auldmad. 

19.  Wm.  Stewart  and  Peter  Merschall,  Indwellers  in  Abd.  v.  James  Tailzeour  at  the 

Mylne  of  Gilcomstoun.     Cautioner  Mr.  David  Rutherfurd,  Baillie  and  burgess  of  Abd. 

\ 

21.  George  Johnestoun  of  that  Ilk  v.  George  Leslie  at  the  New  Mylne  of  Cremound. 
Cautioner  Wm.  Blakhall,  Maltman,  burgess  of  Abd.     Peats  cast  upon  part  of  the  lands 
of  Fewallis. 

22.  Gilbert,  James  and  Thomas   Bodie  in   Peterheid   v.  James  Pirie  in   Peterheid. 
Cautioner  Andrew  Milne,  Armorar  in  Abd.     Peats  in  the  Moss  of  Quhyithill  in  the 
parish  of  Peterugie. 

24.  John  Leslie  of  Petcapill  v.  Arthur  Smyth  in  Fewallis,  and  George  Johnestoun  there. 

Another  case  about  peats  upon  Fewallis.  Johnestoun  was  cautioner  for  Smyth  and  John 
Ronaldsone  in  Owertoun  for  Johnestoun. 

26.  Walter  Gordoune,  lawful  son  of  John  Gordoune  in  Quhytsteanis  v.  the  said  John 

Gordoune,  and  also  against  Patrick  Gordoun  of  Halheid,  Thomas  Mylne  in  Corquhun- 
derland,  John  Tois  there,  James  Constabill  at  the  Mylne  of  Blairordans,  Patrick  Crerer 
in  Blakhill,  Duncan  Watsone  there,  James  Tailzeour  in  Boigfairnie,  Elspet  Tailzeour 
there,  John  Morgin  there.  James  Gordoune,  burgess  of  Abd.  was  cautioner  for  John 
Gordoune,  who  was  cautioner  for  the  others. 

195 


Abzrdeenshire  Sheriff  Court  t 

1613. 

July  27.  Assault — Blood-drawing.     The  Procurator  Fiscal  and  David  Chalmer  in  Waster 

Disblair  v.  Alexr.  Andersone  in  Scheilboig.     Cautioner  Robert  Johnestoun  of  Kendell. 

Loosings  of  Arrestments.  Nathaniel  Keith  of  Lytill  Cocklaw  v.  James  Walker, 
Wm.  Greig  and  Andrew  &  Alexr.  Gray,  all  in  Peterheid.  Cautioner  Thomas  Watsone, 
burgess  of  Abd. 

28.  Wm.  and  Alexr.   Troup  in   the    Mains  of  Murthill  v.    Alexr.    Galloway   there. 

Cautioner  Alexr.  Drum,  burgess  of  Abd. 

Margaret  Liddell,  wife  of  John  Mitschell,  burgess  of  Abd.  v.  Gilbert  Cullen, 
Andrew  Burnet  and  Alexr.  Cruikschank,  burgesses  of  Abd.  Cautioner  Alexr.  Jaffray, 
burgess  of  Abd.,  whose  signature  as  well  as  that  of  Cullen  is  adhibited  to  the  entry. 

Augt.  2.  James  Stewart  of  Rylland  v.  Gilbert  Baird  of  Auchmedden.     Cautioner  Mr.  Wm. 

Quhyt  in  Ardlahill. 

3.  Wm.  Gordoun  of  Abirzeldie  v.    Thomas   Gordoun   in    Knok.     Cautioner   Win. 

Gordoun  of  Kennertie.     Dispute  about  the  Moss  of  Stering. 

5.  James  Fergowsone  in  Segieden  v.   Archibald   Beidie  at  the   Mylne.     Cautioner 
Patrick  Forbes,  Wobster,  burgess  of  Abd. 

6.  Robert   Harrow  in  the  Eist  town  of  Pettfoddells  v.  Patrick  Phynnie  in  Cowie. 
Cautioner  John   Phynnie,  Indweller,  servitor  to  Patrick  Gordoun  of  Birsmoir.     What 
had  been  arrested  here  were  "the  tua  riggis  of  aittis  sawin  be  the  said  Patrick  upone 
the  seitts  &  pendicles  of  Petmukstoun  be  the  get  and  eist  syd  thairof  that  passis  to  the 
Brig  of  Die." 

7.  Robert  Aikine,  sometime  in  Fintreye  z>.   Andrew  Symmer,  Tailzeour  in  Waster 
Fintrey.     Cautioner  Andrew  Cuming  in  Balbithane. 

Acknowledgment  and  Obligation.  Mr.  John  Lumisden  at  the  Brig  of  Bal- 
govnie,  as  tenant  of  Balgovnie,  bound  himself  to  pay  to  Mr.  Thomas  Mengzeis,  the 
proprietor,  ''  tua  chalders  beir  and  twenLie  sex  bolls  meill "  for  rent  crop  1612,  before 
24  August  instant.  Failing  payment  in  kind,  the  liquidate  price  of  the  beir  was  to  be 
ten  merks  per  boll,  and  that  of  the  meal  nine  merks  per  boll. 

10.  Loosings  of  Arrestments.     Peter,  Bishop  of  Abd.,  the  "Dein  &  Chapter  thairof 
and  Inhabitants  of  the  Chanrie"  v.  Thomas  Davidsone,  Notary  Public  in  Auld  Abd. 
Cautioner  Wm.  Auld,  Citiner  in  Auld  Abd.     The  arrestment  was  of  "  the  stanes  wyne 
furthe  and  to  be  transportit  be  him  "  [Davidsone]  "  out  of  Forbes  Maness  "  [Manse] 
"and  yard  in  Auld  Abd." 

11.  Sir  John  Wood  of  Fettercarne,  Knight  *.  Gilbert  and  Thomas  Ramsey  in  TIaltoune 
of  Belhelvie.     Cautioner  Andrew  Grahame,  Chalmerlane  to  Patrick,  Earl  of  Kingorne. 
The  claim  was  for  the  rents  of  Pettens. 

12.  The  Crown  and  Wm.  Touch,  Janet  Touch  and  Livingstoune,  her  husband 
v.  Gilbert  Yeman  in  Newtoun  of  Skeyne.     Cautioner  Mr.  Duncan  Forbes  of  Balnagask. 

196 


Judicial  Enactments:  Vol.  II.,  Contents 

1613. 

Aug!.  14.  Loosings  of  Arrestments.      Gilbert  Cok   in    Myntlay   v.   Thomas   Forbes   in 

Auchtidonald.     Cautioner  George  Forbes  in  Quartailhous. 

Margaret  Gardyne,  widow  of  Wm.  Stewart  of  Cowsteans  and  Mr.  Robert  Udnie 
of  Tillicorthie,  her  husband  v.  Wm.  Setoun  of  Eister  Disblair.  Cautioner  Arthur 
Chalmer,  Indweller  in  Abd. 

17.  Margaret  Gardyne  and  Mr.  Robert  Udnie  (as  in  preceding  entry)  v.  Wm.  Ray  in 

Toux,  Thomas  Davidsone  in  Middiltoun  of  Disblair,  James  Andersone  alias  Laird  there, 
James  Andersone  "callit  litill  James"  there  and  Charles  Currie  there.  The  dispute 
here  as  in  the  preceding  entry  was  about  the  "  Muiris  of  Uschihillis." 

19.  John  Fraser  of  Clintertie  v.  Mr.  Wm.  Fraser  of  Cautioner  Wm.  Forbes  of 
Tolquhone.     The  crop  upon  the  [?]  "Cuillfuird  of  Clintertie  "  had  been  arrested. 

20.  John  Leslie,  fear  of  Balquhane  v.  James  Crombie  in  Nethirtoun  of  Fetterneir, 
Patrick  Mathowsone  there  and  Richard  Mailling  in  Owertoun  of  Fetterneir.     Cautioner 
Thomas  Patirsone,  Merchand,  burgess  of  Abd. 

21.  Alexr.  Daniell  in  Meikill  Chrichie  v.  Andrew  Kyd  in  Meikill  Elrik.     Cautioner 
Alexr.  Innes,  Citiner  in  Auld  Abd. 

23.  John  Hamiltoun,  son  of  James  Hamiltoun  in  Westport  v.  Alexr.  Young  in  Bod- 

domes.     Cautioner  Thomas  Cargill  in  Boddomes.     Claim  for  the  rents  of  Boddomes. 

25.  Isobel  Jak,   widow  of  Walter  Watsone,  Mailman,  burgess   of  Abd.  v.  Thomas 
Watsone,    Portioner  of    the   Casteltoun   of    Durris,   and   also   against  John    Dennis, 
Fermorar  in  Abd.     Cautioner  Peter  Merschell,  Mailman,  burgess  of  Abd. 

26.  James,  Earl  of  Murray  v.  Wm.  Seytoune  of  Disblair.     Cautioner 
Arlhur   Chalmer,    indweller   in   Abd.       Crop   on   ihe   West   and   Soulh   side  of  Ihe 
Reidburne. 

27.  Alexr.  Cuming  of  Culler  v.  Gilbert  Hall  in  Craigtoun  of  Pelircullir.     Caulioner 
John  Wallace  in  Beildsyid. 

28.  Patrick  Cheyne  of  Caldwallis  v.  James  Mylne,  somelime  at  the  Mylne  of  Cauld- 
wallis,  then  at  the  Mill  [sir]  of  Fortrie.     Caulioner  Findlay  Willox,  Merchand,  burgess 
of  Abd. 

Archibald  Beidie  at  the  Mill  of  Syd  v.  James  Fergussone  in  Segiedene.  Caulioner 
Alexr.  Moir,  Wobster,  burgess  of  Abd. 

31.  John   Broun  at   the   Milne   of  Knokleithe   v.    Wm.    Abirnethie   in    Knokleilhe. 

Caulioner  Roberl  Reidfurd  in  Fischerfuird. 

Thomas  Dempsler  of  Auchterles  v.  Thomas  Thomsone  in  Logieauldtoun. 
Caulioner  John  Dempster  of  Knokleythe. 

Wm.  Johnestoune  in  Craibstoune  v.  Wm.  Galloway  in  Blakhillis.  Cautioner 
Wm.  Forbes  in  Waster  Kinmundie. 

197 


Aberdeenshire  Sheriff  Court : 
1613. 

Sept.     i.  Loosings  of  Arrestments.     Alexr.  Copland  of  Udoche  v.  Janet  Gray,  widow 

of  Wm.  Clark  in  Greynness.       Cautioner  Alexr.  Clark  in  Greynness. 

Alexr.  Skeyne  of  that  Ilk  v.  Mr.  Robert  Irving  in  Fornet.  Cautioner  Mr.  James 
Irving,  Minister  at  Touche.  Crop  upon  "  the  Northe  and  Northe  eist  pairtis  of  the 
propertie  &  commountie  of  Turriwaill." 

4.  Wm.  Ogistoun  in  Rathine  v.  James  Dilgardno  in  Rathine.     Cautioner  Mathew 

Donaldsone,  burgess  of  Abd.  The  arrestment  here  was  unusually  comprehensive  being 
expressed  as  follows,  "  the  cornis  sawin  be  him  houssis  bandit  &  bigit  peitts  turvis 
fewall  faill  &  dovatis  cassin  be  him  "  [in  1613]  "  within  the  bounds  of  Rathine." 

7.  James,    Earl   of   Murray,    v.    Thomas    Glenny   and   Thomas   Baverlay,    both   in 
Wodheid.      Cautioner  James  Hervie,  fear  of  Elrik.      Crop  on  the  South  and  West 
side  of  the  Reidburne. 

8.  Alex.  Craufurd  as  assignee  of  George  Craufurd  of  Annachie,  his  brother  v.  John  Low, 
sometime  in  Annachie  then  in  Auchnagat.     Cautioner  Robert  Burnet,  burgess  of  Abd. 

10.  George  Pirrie  at  the  Auld  Mylne  of  Phillorthe  v.  Magnus  Fraser  in  Fraserburgh. 
Cautioner  Thomas  Cowie,  burgess  of  Abd. 

11.  Sir  Wm.  Irving  of  [?]  Cuchlie,  Knight,  v.  Duncan  Forbes  of  Byth.    Cautioner  Mr. 
Andrew  Clark,  burgess  of  Abd. 

James  Irving  of  Auchzeoche  v.  Alexr.  Ross  in  Brunhill.  Cautioner  Mr.  Gilbert 
Ross  in  Quhobbis. 

Thomas  Fraser  in  Litill  Kinnadie  v.  Thomas  Crookat  in  Auchquhorsk.  Cautioner 
James  Keythe  of  Kinnadies. 

13.  Stephen  Mackie  at  the  Ower  Mylne  of  Kintor  v.  John  Hill  in  Kintor,  Wm.  Name  in 
Tofthillis  and  John  Hervie  in  Kintor.     Cautioner,  Mr.  John  Mortymer,  burgess  of  Abd. 

14.  Alexander,  Master  of  Forbes,  and  Arthur,  Lord  Forbes,  his  father  and  Tutor  v. 
Patrick  Con  of  Auchry  and  Patrick  Con,  Younger,  apparent  thereof.     Cautioner  James 
Pantoun  in  Meikill  Auchry.     Crop  on  part  of  Allathyne  and  Kippernahill  had  been 
arrested. 

16.  William,   Lord  Keith  v.  Alexr.  Jameson  in  Kindrocht,  Hew  Craik  there,  Win. 

Sewan  there  and  James  Schirra  there.  Cautioner  Mr.  George  Norie,  burgess  of 
Fraserburgh  whom  James  Fraser  of  Cairnes  bound  himself  to  relieve. 

Renunciation  and  Discharge.  Helen  Hoig,  wife  of  Alexr.  Gordoun,  sometime 
of  Swailend,  appeared  and  renounced  and  discharged  any  rights  of  liferent  or  conjunct 
fee  which  she  might  have  in  the  lands  of  Swailend  in  favor  of  George  Currour,  burgess 
of  Abd.,  and  Jeane  Hay,  his  wife,  and  after  them  to  David  Currour,  fiar  of  Balgringo, 
and  Christiane  Currour,  his  wife.  The  Senatus  consultum  Velleianum  was  specially 
referred  to.  Thomas  Crombie,  Writer  to  the  Signet,  represented  the  various  parties. 
This  Act  of  Court  was  initialed  by  one  Sheriff  depute  and  signed  by  the  other.  Nine 
months  later,  on  15  June,  1614,  for  farther  security  another  Act  of  Court  was  taken 
ratifying  the  former,  and  was  signed  by  Gordoun  and  his  wife,  the  latter  notarially. 

198 


Judicial  Enactments:  Vol,  IL,  Contents 

1613. 

Sept.  17.  Loosings  of  Arrestments.     James,  Earl  of  Murray,  Margaret  Gardyne,  Francis 

Stewart,  her  son  by  her  first  marriage,  and  Mr.  Robert  Udnie,  her  husband,  v.  Wm. 
Ray  in  Toux,  Thomas  Davidsone  in  Middiltoun,  Charles  Currie  there,  James  Andersone 
and  James  Andersone,  called  the  "  Laird,"  both  there,  Wm.  Cantley  in  Calsie  end, 
Wm.  Reid  there  and  John  Clark  there.  Cautioner  Gilbert  Johnestoun  of  Peddeis- 
mylne. 

1 8.  Wm.  Forbes  of  Tolquhone,  Patrick  Forbes  in  Thainstoun  £  John  Williamsone  at 

the  Mylne  of  Thainstoune  v.  Gilbert  Low  in  Boigquhir  in  Kemnay.  Cautioner  Walter 
Innes  of  Ardtannes. 

Wm.  Setoun  of  Disblair  v.  Andrew  Symmer  in  Haltoun  of  Fintray,  Thomas  Rob 
there,  Henry  Clerk  there,  James  Symmer  there  and  Andrew  Leslie  there,  who  became 
cautioners  for  each  other.  The  Reidburne  again. 

Stephen  Mackie  at  the  Ower  Mylne  of  Kintore  v.  Dioness  [Dionysius]  Chalmer  in 
Tofthillis.  Cautioner  Mr.  John  Mortimer,  burgess  of  Abd. 

(i)  George  Johnestoune  of  that  Ilk,  Wm.  Setoune  of  Disblair  and  Gilbert 
Johnestoune  of  Peddeismylne  v.  John  Andersone,  James  Symmer,  Magnus  Symmer, 
Thomas  Rob,  Andrew  Symmer  all  in  Haltoun  of  Fintray  and  Andrew  Leslie  in 
Kcwsteanis  who  were  cautioners  for  each  other.  (2)  The  same  pursuers  v.  John 
Bauerlay  and  James  Irnsyd  in  Haltoun  of  Fintray,  for  whom  James  Symmer  there  was 
cautioner.  Crop  upon  the  North  side  of  the  "  Steaneburne  of  Haltoun  of  Fintray." 

20.  The  same  pursuers  as  in  last  cases  71.  Wm.   Materis,  Thomas  Thomsone,  David 
Andersone  and  Wm.  Woid,  all  in  Kowsteanis,  who  were  cautioners  for  each  other. 
Crop  upon  the  "  Northe  woid  of  Garvack  and  Langhill." 

The  same  pursuers  v.  James  Glennie  in  Boigis  and  John  Symmer  in  Newlands, 
who  were  cautioners  for  each  other.  Crop  upon  the  "  Boigis  and  New  landis  of 
Fintray." 

21.  Assault — Blood-drawing.      The   Procurator   Fiscal   (Mr.    Wm.    Barclay)   and 
Andrew  Meanie  in  Auld  Abd.  v.  John  Jamesone  in  Tulloche.     Cautioner  Andrew 
Kellie,  burgess  of  Abd. 

22.  Loosings  of  Arrestments.      Johnestoune  of  that  Ilk,  Setoune  of  Disblair  and 
Johnestoune  of  Peddeismylne  v.  Gilbert  Leslie  in  Boig.      Cautioner  Wm.  Blakhall, 
Maltman,  burgess  of  Abd. 

23.  Margaret  Hay,  widow  of  Mr.  Michael  Fraser  of  Techmurie  and  Thomas  Hay  in 
Graysteane  of  Ardendracht  v.  Wm.  Kennedie  in  Kirkhill  of  Carmuk.    Cautioner  James 
Ogilvie  of  Birness. 

24.  William,  Lord  Keythe  v.  Magnus  Smyth  in  Denend  of  Kindrocht.      Cautioner 
Alexr.  Fraser,  brother  german  of  the  late  Mr.  Michael  Fraser  of  Techmurie. 

28.  Janet  Duncane,  widow  of  Abraham  Forbes  of  Blaktoune  v. 

in  Craigheid.  Cautioner  Alexander  Jaffrey,  Bailie  burgess  of  Abd.,  who  signed  the 
entry. 

199 


Aberdeenshire  Sheriff  Court: 

1613. 

Sept.  28.  Loosing1  of  Arrestment.      Duncan   Forbes  of  Bythe  v.  Andrew  Quharnie  in 

Quhytsteanis.  Cautioner  Gilbert  Hall  in  Craigtoun  of  Culter.  Crop  on  "  the  Quhyt- 
stak  of  Gullie." 

30.  Renunciation  and  Discharge.     Patrick  Gray,  burgess  of  Abd.,  appeared,  and  in 

respect  of  a  payment  of  1000  merks,  judicially  declared  that  Mylne  of  Elrick,  etc.,  had 
been  redeemed  from  him  by  Andrew  Ilervie  of  Elrick.  The  Sheriff  Depute  was  Mr. 
Alexr.  Jaffray  of  Kingiswallis,  who  along  with  Gray  signed  the  entry. 

Oct.      i.  Loosings  of  Arrestments.     Wm.  Forbes  in  Kynmundie  v.  John  Gray  in  Auch- 

quhrenie.     Cautioner  Wm.  Galloway,  burgess  of  Abd. 

4.  Robert  Keythe  in  Pettindrum  v.  Alexr.  Jaffraye  in  Pettindrum.     Cautioner  Wm. 
Keythe  of  Pettindrum  in  the  parish  of  Aberdour. 

5.  Adam  Gordoun  of  Glcnbuchet  v.   Edward  Fraser  in   Fraserisburgh.     Cautioner 
Alexr.  Youngsone  in  Invernorthe. 

8.  Gawan  Scott  in  Carnebulge  v.  Robert  Dilgardno  in  Carnebulge.     Cautioner  Wm. 
Birnie,  burgess  of  Fraserisburgh. 

9.  Mr.  James  Forbes  of  Woidland  v.  John  Ligertwoid  in  Tillimad.     Cautioner  James 
Ligertwoid  in  Fornatie. 

II.  Mr.  John  Cheyne  of  Arnage  v.  Wm.  Lyntoune  in  Wastfeild.     Cautioner  Patrick 

Hendersone,  Wobster  in  Carnfeild.  There  was  here  in  addition  to  a  general  arrest- 
ment,  a  special  arrestment  of  "  ten  hydds  within  the  said  Williams  bark  pott." 

Gilbert  Jaffray  in  Ardoche  v.  Ronald  Clerk  in  Petmedden.  Cautioner  James  Paul 
in  Auchclaiche. 

16.  James  Burges  in  Sklatie  v.  John  Tailzeour,  alias  Cowper,  in  Crabistoune.    Cautioner 

Robert  Irving,  Cowper,  burgess  of  Abd. 

23.  Cristiane  Logan  and  John  Ronaldsone  in  Owertoun  of  Dyce,  her  husband,  and 
Janet  Logan  and  Gilbert  Gib,  her  husband  v.  Ronald  Clerk  in  Petmedden.     Cautioner 
Thomas  Johnestoune  in  Raithis. 

24.  Theft.     The  Procurator  Fiscal  (Mr.  Wm.  Barclay)  and  the  Sheriff  v.  Wm.  Ilervie 
in  Kairnetrydlene.     Cautioner  John  Bisset  there. 

Nov.     6.  Removing.     George  Meldrum,  brother  german  of  Andrew  Meldrum  of  Jakstoun 

confessed  himself  lawfully  removed  from  Jakstoun  in  favor  of  the  said  Andrew  Meldrum. 

Loosing  of  Arrestment.  George  Currour  of  Swaillend  v.  David  Ronaldsone 
in  Rethis.  Cautioner  William  Jamesone  in  Tillikerrie.  There  had  been  arrested  "  the 
sowme  of  fourtie  punds  consignit  be  the  said  Dauid  in  the  Kiik  box  of  the  Parochin  of 
Dyce." 

200 


Judicial  Enactments :  Vol.  IL,  Contents 

1613. 

Nov.  12.  Agreement.     For  the  settlement  of  disputes  regarding  the  lands  of  Cultis   in 

Kennethmont,  which  had  arisen  between  John  Leslie  of  Wardes  and  Hew  Gordoune 
of  Cultis,  and  in  which  George  Leslie  of  that  Ilk  and  Robert  Spence  of  Tulloche  were 
also  interested,  this  Agreement  had  been  entered  into  and  is  here  registered.  The 
entry  is  much  decayed  and  only  partly  legible.  It  appears  however  that  the  mutual 
friends  by  whose  mediation  the  settlement  was  effected  were  Alexr.  Gordoune  of  Clunie, 
Wm.  Gordoune  of  Sauchin  and  John  Leslie  of  Duncanstoun. 

Loosing  of  Arrestment.  Archibald  Hog  v.  Alexr.  Hervie,  flesher.  Cautioner 
James  Thomsone  in  Auld  Abd. 

Removing.  James  Grant  and  Thomas  Grant  in  Dryden  of  Auchindoir  renounced 
their  occupation  in  favor  of  James  Gordoun  of  Lesmoir. 

Judicial  Ratification.  Margaret  Cheyne  "  Ladie  Collestoun  "  ratified  the  wadset 
of  the  sunny  plough  of  the  half  lands  of  Litill  Drumquhendill  by  Gilbert  Reid  and 
Andrew  Reid  of  Collestoun,  his  father,  to  Andrew  Woid  of  for  ^1000. 

15.  Judicial  Ratification.     Elspet  Meldrum,  wife  of  Andrew  Meldrum  of  Jakstoun, 

ratified  a  wadset  by  her  husband  of  the  lands  of  Jakstoun  to  Robert  Stewart,  brother 
german  to  John,  Earl  of  Atholl,  and  Janet  Leslie,  his  wife,  in  conjunct  fee  and  liferent, 
etc.,  for  4000  merks. 

17.  Loosing  of  Arrestment.     Olipher   Glenny  in   Fintreye  v.   Gilbert  Wilguis  in 

Calf  fauld  and  David  Cowie  in  Scheilbog.     Cautioner  Wm.  Jamesone  in  Tillikeirrie. 

Judicial  Ratification.  Elspet  Stewart,  wife  of  Wm.  Meldrum  of  Baddinscot 
ratified  a  wadset  of  her  husband's  lands  to  George  Gordoun 

29.  Loosings  of  Arrestments.     Alexr.  Cuming  of  Culler  v.  Gilbert  Hall  in  Craig- 
toun.     Cautioner  John  Wallace  in  Beildsyd. 

30.  Abraham  Broun  in   Kintocher  v.  John  Cruikschank  in  Tillichetlie.      Cautioner 
Wm.  Gareoche,  apparent  of  Kinstair. 

Dec.     4.  John  Erskein  of  Balhagartie  v.  Alexr.  Straquhin  of  Glenkyndie.     Cautioner  Alexr. 

Fraser  of  Kindrocht.     Crop  sown  by  Straquhin  upon  the  "  Bak  moss  of  Auchnagat." 

Manslaughter.  The  Crown  v,  James  Smyth  in  Folia,  for  whose  appearance 
John  Wicht  in  Keltiswall  was  cautioner.  Smyth  was  charged  with  the  slaughter  of 
Helen  Wilsoiie,  in  Lytill  Folia. 

ii.  Renunciation  and   Discharge.      Isobel    Setoune,    wife    of   Thomas    Erskein, 

younger,  of  Pettodrie,  renounced  in  favor  of  her  husband  all  her  rights  of  conjunct  fee, 
liferent,  &c.,  in  the  lands  of  Balhagertie,  Durlathin  and  third  part  of  Pettodrie. 

Lawborrows.  Gilbert  Forbes  in  Tartowie  v.  Wm.  Davidsone  in  Clochmuir, 
Cautioner  Wm.  Forbes  in  Kynmundie. 

CC  2O I 


Aberdeenshire  Sheriff  Court 

1614. 

Jan.     15.  Loosings  of  Arrestments.     John   Lumisden  of  Cuschnie,    Robert   Lumisden, 

fiar  thereof,  and  Janet  Duncan,  widow  of  Abraham  Forbes  of  Blaktoun  v.  John  Reid 
in  Brydiswall.     Cautioner  James  Davidsone  in  Carnecowlie. 

22.  George  Bruce,  Saidler,  burgess  of  Abd.  v.  Wm.  Forbes,  brother  german  to  James 

Forbes  of  Tilligonie.     Cautioner  Andrew  Straquhan,  sometime  of  Ardo,  then  in  Abd. 

Wm.  Forbes  in  Kynmundie  v.  Gilbert  Gordoun  in  Corshill.     Cautioner  John  Layng 
in  Greyneburne. 

Febry.  2.  Revocation  of  Deeds  Granted  in  Minority.     Alexander  Crocket,  son  of  the  late 

John  Crocket  in  Myirsyd  revoked  deeds  granted  in  minority,  and  specially  an  obligation 
in  favor  of  George  Dun  in  Peterheid  for  25  merks. 

22.  Loosing  of  Arrestment.     Thomas  Forrest  in  the  Walkmylne  of  Tillinamolt  v. 

Adam  Alschioner  in  Auchirreis.     Cautioner  Gilbert  Keyth  of  Auchirreis. 

Mch  I.  Manslaughter.      Helen  Will  in   Meikill  Creichie  and  John  Daniell  there  were 

charged  with  the  slaughter  of  Wm.   Hucheone  in  Carnenadelie,  and  John  Fraser  of 
Meikill  Creichie  and  Joseph  Keyth  of  Auch  were  cautioners  for  their  appearance 

for  trial. 


202 


Illustrative  Examples  taken  from  Vol.  II.  of  Judicial  Enactments 
Proceedings  relating  to  Occupancy  of  Land 

I. — REMOVING  AND  LEASE. 


(4  July  1610) 

The  said  day  compeirit  Thomas  Leslie  in  Crystis  Kirk  and  grantit 
himselff  wyf  bairines  servands  guids  and  geir  lauchfullie  removet  furth 
and  fra  the  Brewing  of  Crystis  Kirk  and  preueledge  thairof  and  be  thir 
presentis  renunces  all  richt  and  tytill  and  possessioun  he  hes  thairto  and 
sail  caus  Margrat  Wat  spous  to  Alexander  Jarden  seas  fra  oney  brewing 
and  selling  of  aill  and  beir  thairout  in  tymes  cumming  and  that  at  the 
instance  of  Andrew  Leslie  of  New  Leslie  And  forder  the  said  Androw 
Leslie  of  New  Leslie  be  the  tennour  heirof  hes  set  and  settis  with 
the  conditiounes  under  specifeit  to  the  said  Thomas  Leslie  he  being 
one  lywe  All  and  haill  the  fourt  pairt  towne  and  lands  of  Crystis 
Kirk  houssis  toftis  croftis  pairtis  and  pendiculls  of  the  samen  presentlie 
occupek  be  the  said  Thomas  withe  the  teind  schewes  thairof  lyand 
within  the  Parochine  of  Kennethmont  and  Shrefdome  of  Abd.  quhill 
the  feast  of  Witsonday  in  the  yeir  of  God  im  sex  hunderethe  and 
allewin  yeiris  for  payment  of  thrie  scoir  tua  merks  maill  at  tua  seueral 
termes  Witsonday  and  Mairtimes  be  equall  portiounes  beginand  the  first 
termes  payment  thairof  at  the  said  feast  of  Witsonday  im  sex  hunderethe 
and  allewin  yeiris  togidder  withe  sic  customes  and  seruice  as  his  nicht- 
bouris  or  the  remenent  of  the  quhilk  occupatioun  as  that  same  towne  and 
lands  payis  at  the  termes  usit  and  wonit  Withe  conditioun  that  the  said 
Thomas  big  sic  sufficient  biging  as  the  remenent  his  nichtboris  of  the 
quhilk  occupatioun  foirsaid  hes  or  hapinis  to  big  and  to  keip  guid  nicht- 
bourheid  be  the  sicht  of  Johnne  Leslie  of  Lergie  and  Androw  Leslie  in 
Meikill  Wardes  And  giue  the  said  Thomas  failzeis  thairin  he  grantit 
himselff  lauchfullie  removet  fra  the  said  fourt  pairt  towne  and  lands  of 
Crystis  Kirk  aboue  writtin  houssis  toftis  croftis  pairtis  pendicullis  and 
pertinents  at  the  feast  of  Witsonday  nixt  cummis  And  gif  it  sail  hapin 
the  said  Thomas  to  pay  his  said  maill  and  dewitie  custoumes  and  seruice 
foirsaids  keipis  guid  nichtbourheid  bigis  the  said  biging  and  beis  ane 
obedient  servand  as  the  rest  of  the  remenent  of  his  nichtbouris  of  the 

203 


Aberdeenshire  Sheriff  Court : 

tovvne  the  said  Andrew  be  thir  presentis  settis  to  the  said  Thomas  the 
said  fourt  pairt  towne  and  lands  of  Crystis  Kirk  houssis  toftis  croftis  and 
pertinents  of  the  samen  foirsaids  withe  the  teind  schewes  of  the  samen 
fra  yeir  to  yeir  Upone  the  conditiounes  foirsaids  for  the  space  of  four 
yeiris  nixt  following  the  said  feast  of  Witsonday  in  the  yeir  of  God  im 
sex  hunderethe  and  allewin  yeiris  for  yeirlie  payment  of  sic  maill  dewitie 
and  dew  seruice  as  is  aboue  specifeit  baithe  for  stok  and  teind  of  the 
samen  beginand  the  first  termes  payment  thairof  the  feast  of  Witsonday 
in  the  yeir  of  God  im  sex  hunderethe  and  twalff  yeiris  and  giue  it  sail 
hapin  oney  the  said  Thomas  nichtbouris  to  failzie  in  keiping  of  guid 
nichtbourheid  to  him  the  said  Andrew  binds  &  obleissis  him  to  caus 
thame  repair  and  amend  the  samen  be  the  sicht  of  the  saids  Johnne 
Leslie  of  Lairgie  or  Androw  Leslie  in  Meikill  Wardes  and  to  that  effect 
the  said  Androw  Leslie  of  New  Leslie  sail  hauld  court  or  courtis 
and  giue  the  said  Thomas  justice  to  that  effect  Upone  the  quhilks 
premissis  the  said  Thomas  and  Androw  desyrit  Act  of  Cowrt  and 
Instrument 


II. — REMOVING.    THE  RIGS  AND  TAILS,  OLD  ABERDEEN. 

(30  Novr  1611) 

The  said  day  in  presence  of  the  Shref  deput  foirsaid  Compeirit 
personalie  Alexr  Blak  Maltman  burges  of  Abd  and  of  his  awin  jYie  will 
grantit  and  confessit  him  lauchfullie  and  ordourlie  removit  furthe  and  fra 
the  tuelft  elne  croft  or  peciess  of  land  of  that  latitud  and  teillis  thairof 
lyand  beyond  the  Loche  of  Auld  Abd  of  the  said  breid  lyand  betuixt  the 
croft  contigue  adjacent  to  the  tennement  of  John  Torrie  at  the  southe 
the  tennement  of  umquhill  James  Mylne  at  the  northe  &  the  yard  quhilk 
perteinit  to  John  Gibsone  at  the  eist  and  cowmoune  gait  passand  to  the 
saidis  teillis  at  the  wast  and  fra  the  said  teillis  lyand  beyond  the  said 
Loche  haueand  the  riggis  and  teillis  of  upone  the  eist  pairt  the 

Kingis  cowmoune  gait  on  the  southe  the  lands  of  Cottoune  upone  the 
northe  and  fra  all  thair  preuileges  and  pertinentis  lyand  in  [the]  wast 
teritorie  of  the  croftis  of  Auld  Abd  and  Shrefdome  of  the  samen  And 
renuncit  the  saidis  croftis  withe  all  titill  of  richt  propertic  and  posses- 
sioune  he  had  hes  or  may  pretend  to  haue  thairto  in  favours  of  Johne 
Gibsoune  quhome  of  he  had  the  samen  set  his  airis  or  assignayis  or  ony 
utheris  quha  sail  happin  to  haue  richt  thairto  Quhairupone  Mr  Robert 
Paip  procuratour  for  Margrat  Irving  spous  to  the  said  Johne  Gibsoune 
tuik  act  and  instrumentis 

John  Gordone  Sref 
204 


Judicial  Enactments :  Vol.  IL,  Illustrative  Examples 

III. — JUDICIAL  HYPOTHECATION  BY  TENANT  OF  GROWING  CROP 
*OR  PAST  DUE  RENT. 

(19  May   1613) 

The  said  day  in  presens  of  the  Shreff  deput  foirsaid  compeirit 
Andrew  Cargill  in  Boddumes  and  grantit  him  restand  awand  to 
Alexander  Murray  burges  of  Abd  and  that  for  his  occupatione  of  the 
said  toune  and  lands  of  Boddumes  croip  &  yeir  of  God  im  sex  hundrethe 
&  tuelff  yeiris  the  sovvme  of  thrie  scoir  thrie  punds  sex  sh  viiid  to  be 
payit  betuixt  the  dait  heirof  and  the  first  day  of  August  sex  bollis  tuyis 
scheillit  meill  pryce  of  the  boll  aucht  pundis  four  bollis  &  thrie  firlottis 
ferme  meill  pryce  of  the  boll  ten  merkis  all  to  be  payit  betuixt  the  dait 
heirof  and  Mairtimes  nixt  to  cum  in  this  instant  yeir  of  God  im  sex 
hundrethe  &  threttein  yeiris  And  for  the  mair  suir  payment  of  the 
sowmes  of  money  victuall  &  utheris  befoir  specifeit  the  said  Andrew 
Cargill  astrictit  and  hypothecatit  his  haill  guids  and  geir  movabill  and 
speciallie  the  cornis  presentlie  growand  upone  the  grund  of  the  samen 
lands  to  be  win  and  schorne  upone  the  expensses  of  the  samen  and  to 
remain  upone  the  grund  thairof  ontransportit  in. haill  or  in  pairt  bayth 
corne  [and]  fodder  at  the  instance  of  the  said  Alexr  and  to  be  mellit  & 
intromettit  with  be  him  in  caice  of  nocht  payment  at  the  terms  foirsaids 
and  that  but  perrell  of  law  actioun  of  spoilzie  or  uther  deid  of  wrang 
quhilkis  actiounes  the  said  Andrew  Renunces  be  thir  presentis  and  the 
saidis  cornis  being  mellit  with  be  the  said  Alexr  in  caice  of  failzie  as  said 
is  schorn'e  &  win  be  him  upone  the  proper  expensses  thairof  he  to  pay 
himself  of  the  reddiest  of  the  saidis  cornis  and  to  mak  payment  to  the 
said  Andrew  of  the  superplus  upone  the  quhilkis  the  saids  Alexander  and 
Androw  tuik  act  &  instrument  and  thairto  the  Shreff  deput  foirsaid 
Interponit  his  auchthoritie 

J.G.  Sreff 

Revocation  of  Deeds  Granted  in  Minority 

(2  June   1612) 

The  said  day  compeirit  ane  nobill  and  potent  Lord  Patrick  Lord  of 
Lindoris  as  yit  minor  and  les  thane  twentie  ane  yeiris  of  aig  being 
circumvenit  in  his  les  aige  be  euill  aduysit  counsell  as  he  is  informit  to 
his  gryt  los  hurt  and  preuidice  In  fauors  of  sindric  personis  and  namelie 
contrair  to  his  naturall  libertie  had  Interdytit  himselff  to  Wa  Erie  of 
Mortoune  Robert  Lord  Lindsay  Dauid  Lord  Skuine  Sir  Robert  Melveing 
of  Murdocarne  knicht  Johne  Lord  of  Kinklevine  Wa  Lermonth  of 
Balcomie  Mr  Alexander  King  and  Mr  Robert  Lermonth  Aduocattis 
or  to  ane  certane  novmber  of  thame  quhairon  thei  at  the  leist  sume  of 

205 


Aberdeenshire  Sheriff  Court 

thame  hes  raisit  our  Souerane  Lords  letteris  and  as  he  is  informit  hes 
publeischit  or  intends  to  publeisch  the  same  to  his  discrydit  and  gryt 
dissavantage  And  finding  him  grytumlie  preuidicit  as  said  is  thairby  in 
speciall  and  generall  utheris  his  effeiris  imprudentlie  done  as  yit  of  les 
aige  as  is  aboue  writtin  be  the  preuiledge  of  cowmoune  and  municipall 
lawis  maid  in  favors  of  minors  hes  revocat  and  be  their  presentis  of  set 
purpos  and  deliberat  mynd  revocis  cassis  and  annullis  the  said  band  of 
interdictioune  and  all  that  hes  followit  or  may  follow  thairone  and 
generallie  revocis  all  uther  and  quhatsumewer  deids  done  be  him  in 
favors  of  ony  persone  or  personis  at  ony  tyme  bygyne  to  his  hurt  and 
preuidice  protesting  solemnatlie  that  he  be  restorit  in  integrum  thair- 
annent  and  maid  quyt  and  frie  thairof  and  of  all  inconvenient  that  may 
follow  thairone  at  the  hands  of  the  saids  personis  and  all  utheris  quhome 
it  effeiris  and  that  according  to  the  priueledge  of  the  saids  lawis  he  may 
haue  libertie  to  call  persew  and  prov[o]ck  Judgment  Infra  annos  utiles 
quhairone  the  Shref  deput  foirsaid  Interponit  his  auchthoritie  and 
thairone  the  said  nobill  Lord  and  Mr  Robert  Paip  his  procuratour  askit 
Act  of  Court  and  Instrumentis 

Lundoris 

Mr  Richard  Iruyng 
Shref  deput 

Appointment  of  Curator  ad  Litcm 

(8  April  1613) 

The  said  day  in  presens  of  the  Shref  Deput  foirsaid  compeirit 
personalie  George  Johnestoune  of  that  Ilk  at  quhais  desyir  the  Shref 
Deput  foirsaid  gaiwe  Mr  Robert  Paip  Aduocat  in  Abd  curatour  to  the 
said  George  ad  litem  for  making  and  subscrywing  of  his  warningis  for 
removing  of  his  tennentis  furth  of  his  landis  mylnes  &  multuris  befoir 
the  terme  of  Witsonday  nixt  to  cum  and  for  obtening  of  Decreitis  of 
Removing  agains  thaim  furth  and  fra  the  saidis  landis  and  mylnes  and 
the  said  Mr  Robert  being  present  gawe  his  aithe  de  fideli  administratione 
de  acceptatione  of  office  and  fand  William  Craig  Rothiesie  Herrald 
cautioner  to  that  effect  quhome  the  said  Mr  Robert  obleist  him  to 
releiwe  and  thairunto  the  Shref  Deput  foirsaid  interponit  his  auchthoritie 
and  thairon  the  saidis  George  Mr  Robert  and  William  askit  &  tuik  act 
&  Instrument. 


r  TU  Mr  Richard 

George  Jhonstoun  Mr  Ro  pajp  ^^  forsd 

01  yt  Wllm  Craig,  Rothesay  Heralt 


206 


The  Decree  Books:  VoL  H,  16J7-J8 

The  earliest  legible  date  is  15  January,  1617,  and  the  last  28  March, 
1618.  The  pages  number  228  and  although  the  original  fly  leaves  no 
longer  exist  the  remainder  of  the  volume,  as  we  have  it,  is  beautifully 
written  and  perfectly  preserved. 

Although  it  has  been  titled  "  Decreit  Book,"  and  probably  contains 
all  the  Decrees  for  the  period  which  it  covers,  it  is  really  a  Court  Diet 
Book,  inasmuch  as  Interlocutory  orders  are  recorded  in  it.  There  are 
also  one  or  two  entries  of  a  non-litigious  description.  The  high  quality 
of  the  penmanship  and  the  entire  absence  of  corrections  or  alterations  go 
to  show  that  the  entries  were  not  actually  made  by  the  writers  in  Court, 
but  are  a  clean  and  careful  transcript  of  the  business,  subsequently  made. 

An  attempt  has  been  made  to  notice  at  least  once  every  case 
which  occurs  in  the  volume  while  avoiding  unnecessary  duplication 
or  repetition. 


207 


Table  of  Contents  of  Vol.  II.  of  Decree  Books. 

1617. 

Jan.  Decree  of  Wrongous  Intromission.    Alexander  Stevinsone,  Tailor  in  Aberdeen, 

Margaret  Stevinsone,  his  sister,  and  Andrew  Bedie  in  Old  Aberdeen,  her  husband,  for 
his  interest  v.  Gilbert  Stevinsone  in  Ogstoune.  Decree  passed  for  16  bolls  of  great 
oats  at  53/4  per  boll,  12  bolls  of  beir  at  £4.  per  boll,  2  bolls  2  firlots  of  malt  at  ^5  Per 
boll.  The  Defender  was  said  to  have  intromitted  with  the  grain  and  malt  which 
belonged  to  the  Pursuers  in  1594,  and  the  prices  seem  to  have  been  those  of  the  crop 
of  that  year.  Decree  also  for  ^3  of  expenses. 

Action  for  Rent.  Reference  to  Oath.  Absolvitor.  Ronald  Chessour, 
burgess  of  Aberdeen,  v.  Alexander  Birnie  in  Owerhill.  The  Pursuer  had  right  by 
gift  and  disposition  to  the  escheat,  goods,  gear  and  debts  of  the  late  Patrick  Braklay, 
to  whom  the  Defender  was  alleged  to  have  promised  to  pay  j£io  for  his  "  Colt  land 
sawing  and  grothe  "  in  the  Mains  of  Kellie,  crop  1616.  On  a  reference  to  his  oath,  the 
Defender  denied  the  promise  and  indebtedness  and  was  assoilzied. 

15.  Decree    of    Liquidation.      John    Leythe   of  Quhythauche   v.   James   Irving   in 

Beildsyd.  £6  was  fixed  as  the  price  of  each  boll  of  12  bolls  of  meal  for  the  rent  of 
the  "  Hal  tonne  and  Landis  of  Gairdyne,"  belonging  to  the  Pursuer,  in  the  parish  of 
Peterculter,  crop  and  year  1614. 

Nature  of  Action  not  disclosed.  John  Selbie  in  Gairdyne  v.  Alexander  Duncane 
and  John  Tailzeour  in  Finnersie  and  John  Quhytheid  in  .  The  Defenders  did 

not  appear  and  the  case  was  admitted  to  the  Pursuer's  probation,  but  is  not  mentioned 
again. 

Decree  for  Trespass  by  Cattle.  Patrick  Cruickshank  in  Ardiffrie  v,  William 
Ronald,  Gilbert  Blak  and  Alexander  Barrie,  all  in  Ardiffrie,  and  Mr.  David  Rattray, 
Minister  at  Cruden.  The  Defenders  were  sued  for  payment  equally  among  them  of  the 
value  of  a  chalder  of  oats,  at  £6  per  boll,  said  to  have  been  eaten  by  their  nolt,  sheep 
and  horses  in  "tua  tachte  fauldis"  in  1614.  The  three  Defenders  first  named  appeared 
and  on  oath  Ronald  admitted  6  pecks  at  £4  per  boll  and  Blak  2  pecks  which  they  were 
ordained  to  pay  with  6/8  of  expenses  each.  Barrie  denied  all  liability  and  was 
assoilzied,  while  the  Minister,  who  did  not  appear,  was  ordered  to  be  summoned  of  new. 

Action  for  Payment.  Absolvitor.  Janet  Duncan,  widow  of  Abraham  Forbes 
of  Blaktoune,  and  George  Gordoune  of  Coclairauchie  v.  Patrick  Irving,  Messenger,  in 
Carnebadie.  The  allegation  here  was  that  Irving  recovered  from  Robert  Fraser  of 
Durris,  to  whom  he  had  given  a  charge  of  payment  at  the  instance  of  the  Pursuers,  £12. 
On  a  reference  to  his  oath  he  admitted  having  received  from  Fraser  "  ane  doubill 
angell  "  ;  but  qualified  the  admission  in  such  a  way  as  to  be  assoilzied. 

208 


Decree  Books :  Vol.  IL,  Contents 

1617. 

Jany.  15.  Action  for  Payment.     Mr.  Alexander  Irving,  advocate,  v.  Andrew  Hervie  of 

Elrick.  This  was  a  diet  of  proof.  The  Pursuer  having  produced  an  obligation  by  the 
Defender,  dated  20  February,  1608,  renounced  all  further  probation  except  the 
Defender's  oath  of  calumny. 

Action  of  Spuilzie.  William  Forbes  in  Edirlick  v.  Patrick  Leyth  of  Licklieheid. 
The  Pursuer  deponed  that  the  spoliation  extended  to  60  bolls  of  oats  with  the  fodder, 
of  which  14  bolls  were  great  oats,  and  10  bolls  beir  with  the  fodder.  He  priced  the 
great  oats  at  8  merks  6/8  per  boll,  the  small  oats  at  £4  and  the  beir  at  £10.  Decree 
was  pronounced  on  I  February  for  12  bolls  great  oats  at  the  above  price  and  for  10 
bolls  beir  at  ^,8  with  £$  of  expenses  of  process. 

Nature  of  Actions  not  disclosed.  John  Glennie  in  Mekill  Endovie  v.  Elspet 
Cowper  there.  In  the  absence  of  the  Defender  the  action  was  admitted  to  the  Pursuer's 
probation. 

John  Fraser  of  Clintertie  v.  Duncan  Blakhall.  Mr.  William  Barclay,  procurator 
for  the  Pursuer,  produced  replies  to  the  defences,  and  the  Sheriff  assigned  22  January 
instant  to  pronounce  Interlocutor,  but  no  further  entry  has  been  found. 

17.  Alexr.    Fraser,    portioner  of  Kindrocht,   v.  James  Wilsone   in    Kindrocht.       In 

absence  of  the  Defender  the  Pursuer's  libel  was  admitted  to  his  probation. 

22.  Helen  Hendersone,  Gilbert  and  Marjorie  Wastland,  children  of  the  late  David 

Wastland  in  Tirriewaill  v.  Wm.  Thomsone  in  Tirriewaill,  Alexr.  Angous  in  Locheheid, 
Alexr.  and  James  Gordoune  in  Aucheloche.  None  of  the  Defenders  except  Angous 
appeared  or  were  represented,  and  as  against  them  the  Pursuer  was  allowed  a  proof. 
The  Interlocutor  allowing  Angous  to  lodge  defences  was  in  these  terms  "  to  quhome 
the  Shref  assignit  the  twentie  fourt  of  this  instant  to  that  effect  visa  petitione . "  No 
further  mention  of  the  case  has  been  found. 

Summons  of  Wakening.  Alexr.  Chalmer,  younger,  burgess  of  Abd.  v. 
Thomas  Galloway  in  .  Action  wakened  and  continued  to  29  January  for 

interlocutor  but  did  not  appear  then  or  afterwards. 

Nature  of  Action  not  disclosed.  James  Donald  v.  Gilbert  Ritchie  in  Mains  of 
Foverane.  This  day  having  been  assigned  for  lodging  defences  and  none  being  forth- 
coming, the  term  was  c'rcumduced  and  the  case  disappears. 

Action  of  Spuilzie.  John  Mitschell  in  Drumnagowan  v.  John  Forbes  in  Cushnie. 
Subject  matter  not  stated.  The  Defender  did  not  appear  and  the  libel  was  "  in  penam 
contumacie  "  admitted  to  the  Pursuer's  probation.  The  Pursuer  had  a  diet  of  proof  on 
19  March,  to  which  the  Defender  was  cited  and  did  not  appear  and  the  same  order  was 
repeated. 

Feb.      I.  Nature  of  Action  not  disclosed.     James  Gordoune  in  Abd.  v.  George  Blakhall 

in  Drymmeis.     Defences  lodged  but  no  subsequent  entry  found. 


DD 


209 


Aberdeenshire  Sheriff  Court: 
1617. 

Feb.   i.  Decree  of  Payment.      Alexander    Low,   Cordoner   in   Abd.   v.  David  Lyoune 

in  Ardoes  of  Balhelvie.  The  sum  of  £6  was  asked,  for  which  the  Defender  was 
cautioner  for  Andrew  Bedie  also  in  Ardo,  together  with  13/4  of  expenses.  The 
Defender  not  appearing,  the  Pursuer  deponed  "that  the  said  Dauid  restit  him  the  said 
sowme  "  and  obtained  decree.  . 

Decree  for  Wrongous  Intromission.  John  Williamsone,  burgess  of  Abd. 
•v.  Duncan  Blakhall  in  Clerkseit,  James  Brabner  and  Alexr.  Blak,  Maltmen,  burgesses 
of  Abd.,  Wm.  Lowsone,  Patrick  Jak,  Alexr.  Kempt,  Patrick  Gray,  Mr.  William 
Moir  "ane  maister  of  the  College  Merschall."  Mr.  Robert  Paip  appeared  for  all  the 
Defenders,  both  principals  and  "pairteis  admittit  for  thair  entres"  and  passed  from  the 
whole  defences  [probably  dilatory  defences],  upon  which  the  libel  was  admitted  to  the 
Pursuer's  probation.  On  19  March  at  a  first  diet  of  proof  three  witnesses  were  examined 
regarding  the  quantity  of  beir  intromitted  with.  At  the  second  diet  on  March  26  three 
witnesses  were  examined.  At  a  third  diet  on  July  2  a  large  number  of  productions  were 
lodged  by  way  of  proof.  Decree  on  July  30.  [Infra  p.  222.] 

Decree  of  Removing.  Thomas  Murray,  burgess  of  Abd.  v.  Thomas  Moir 
in  the  Mains  of  Culler,  Richard  Troup  there,  Richard  Merschall  there,  John  Merschall 
there,  Alexander  Cuming  there,  and  John  Mylne  in  Insche  of  Culter.  The  Pursuer 
was  heritable  proprietor  of  "  the  salmond  fisching  of  the  water  of  Die  callit  the  salmond 
fisching  of  the  barronie  of  Murlhill  lyand  within  the  parochines  of  Banchorie  Devnik 
and  Peterculter  respective,"  of  which  the  Defenders  were  said  to  have  been  in  violent 
and  masterful  occupation  since  the  "feist  and  terme  of  Andersmes"  1616.  The 
Pursuer's  Sasine  was  dated  5  August  1607.  Notary  Mr.  Arthur  Watt. 

5.  Action  of  Removing.      George  Strathauchine  of  Glithno  v.   William  Clerk  in 

Petmedden.  The  lands  are  not  specially  mentioned  ;  but  there  was  produced  for  the 
Pursuer  an  Instrument  of  Sasine  of  date  9  December  1613.  Notary  John  Donaldsoun. 
The  Sheriff  assigned  February  12  for  lodging  defences.  Various  subsequent  entries 
have  been  found,  but  no  decision. 

Decree  for  Payment.  George  Frensche,  Cordoner,  burgess  of  Abd.  v.  James 
Paull  in  Auchinclache,  James  Strathauchin  in  Kirktoun  of  Skene,  Alexr.  Kennedie  in 
Frosterhill,  Alexr.  Paull  in  Bilbo.  Decree  passed  against  James  Paull  for  £4  for 
leather.  Against  Strathauchin  for  4O/-  for  leather,  Kennedie  5  merks  and  6d.  for 
leather  and  6/-  for  two  loads  of  peats,  and  Alexr.  Paull  16  merks  and  8d.  for  leather 
with  5/-  each  for  expenses  of  plea. 

Decree  of  Forthcoming.  Win.  Cruikschank  in  Meikill  Warthill  v.  Isobell  Dune, 
widow  of  James  Thomsone  in  Lumfuird.  By  a  decree  arbitral  registered  ' '  in  the  buikis 
of  this  present  Auditorie"  on  n  December  1617,  John  Couper  in  Auldcraig,  as  taking 
burden  on  him  for  his  brother,  William  Couper,  was  ordained  to  pay  to  the  Pursuer  £60. 
The  Defender,  Mrs.  Thomsone,  was  due  loo  merks  to  John  Couper,  which  had  been 
arrested  by  Cruikschank.  Decree  of  forthcoming  for  ^60  was  now  pronounced  with 
2O/-  of  expenses. 

2TO 


Decree  Books:  Vol.  IL,  Contents 


1617. 

Feb.   12.  Nature  of  Actions   not  disclosed.     Robert  Cassie,   Cordoner  in  Abd.  v.  Alexr. 

Irving  of  Waster  Collairlie,  Alexr.  Jamesone,  Tailzeour  in  Aberdeen  and  Marjorie 
Fergussone.  Defences  were  lodged  by  Jamesone  and  Fergussone,  but  not  by  Irving. 
As  against  the  last  named  the  term  was  circumduced,  but  the  case  does  not  appear 
again. 

Alexr.  Fraser  of  New  Forrest  v.  Magnus  Smith  in  Denend.  Fraser  sued  as 
Assignee  of  Margaret  Hay,  who  was  the  widow  of  Mr.  Michael  Fraser  of  Techmuirie. 
An  Interlocutor  was  pronounced  on  June  25,  in  which  the  consignation  of  4O/-  was 
made  a  condition  precedent  to  the  defender  leading  proof  of  improbation. 

Decree  for  Payment.  Patrick  Mengzeis,  burgess  of  Abd.  v.  George  Broune 
in  Mure  of  Rynie,  George  Philp  at  the  Tempill  of  Chrystis  Kirk  and  James  Adame  in 
Dumoyes.  Merchandise.  Decree  against  Broune  for  ,£8,  against  Philp  for  16  merks, 
and  against  Adame  for  £24,  with  13/4  each  for  expenses.  The  record  bears  that  the 
Defenders  had  been  summoned  to  appear  that  day  and  often  before  to  give  their  oaths 
of  verity  with  certification  pro  confesso. 

Decree  for  Payment.  Matthew  Robertsone,  burgess  of  Aberdeen  v.  Patrick 
Gray  in  Johnestoun.  Decree  for  25  merks  5/-  of  money  with  13/4  for  expenses. 

Decree  for  Payment.  John  Pettindreiche  at  the  Ower  Mylne  of  Crowden  v. 
William  Hantoun  in  Southesses.  Decree  for  5  firlots  of  oats  at  £6  p.  boll,  5  firlots  of 
beir  at  £8  p.  boll,  with  2O/-  for  expenses. 

Nature  of  Action  not  disclosed.  John  Stewart  in  Kincraigie  v.  Andrew  Mitschell 
there.  Continued  to  19  February  for  Interlocutor,  but  no  further  entry  found. 

Decree  for  Payment.  William  Touche  in  Findlatrie  and  Elspet  Forbes,  his  wife 
v.  James  Forbes  in  Ardlar,  father  of  the  female  pursuer.  The  Pursuers  were  married  in 
July  1613.  The  Defender  promised  200  merks  with  his  daughter  "  in  dott  and  tocher" 
which  he  had  not  paid.  Elspet  left  three  ewes  belonging  to  her  in  her  father's  keeping 
at  the  time  of  the  marriage,  which  he  retained.  This  decree  was  for  payment  of  the  200 
merks  and  of  43/4  for  each  ewe  with  2O/-  for  expenses.  Claims  for  interest  on  the 
money  and  the  "excrescent  profits"  of  the  ewes  were  departed  Irom. 

19.  Nature  of  Action  not  disclosed.     John  Gareoch  in  Badevin  v.  Win.  Gillespie  in 

Meikill  Endovie.  Along  with  the  summons  the  Petitioner's  procurator  produced  a 
petition  and  for  instructing  thereof  an  Assignation  and  Intimation  "quhilk  was  instant- 
lie  taken  up  be  the  producer."  The  case  disappears  without  a  final  judgment. 

Decree  for  Payment.  Ronald  Chessour,  burgess  of  Abd.  v.  James  Scot  in 
Inverourie  and  John  Fergus  there.  The  Pursuer  had  the  gift  of  the  escheat  of  one 
Alexander  Gawan,  deceased,  to  whom  Scot  owed  4O/-  and  Fergus  24/-  of  "  borrowit 
siluer,"  for  which  decree  was  now  given  against  them,  with  3/4  each  for  expenses. 


Aberdeenshire  Sheriff  Court : 
1617. 

Feb.   26.  Nature   of  Actions   not  disclosed.      Andrew  King,   Advocate  [in   Aberdeen]   v. 

John  Yuill,  sometime  in  Murthill,  Alexr.  Craig  in  Auldfauld,  and  Andrew  Craig  in 
Nether  Murthill.  At  the  first  calling  on  February  5,  an  Act  of  the  Commissariot  of 
Aberdeen  was  produced  by  the  Pursuer.  Case  does  not  appear  after  March  5,  when 
there  was  circumduction  on  account  of  the  failure  of  the  Defender  to  lodge  eiks. 

Patrick  Ramsay,  Tailzeour,  servitor  to  John  Leslie  of  Balquhane  v.  Andrew 
Touche  in  Brigend  of  Knokandochie.  This  case  was  first  called  on  February  I,  and 
after  defences  and  replies  had  been  lodged,  the  present  diet  was  fixed  for  the  giving  in 
of  eiks  by  the  Defender.  He  failed  to  do  so,  the  term  was  circumduced,  and  no  farther 
entry  has  been  found. 

Magnus  Mowat  of  Bolquhollie,  John  Moncur  of  Slains  and  Mr.  Alexr.  Irving, 
Advocate  v.  Alexander  Skeine  of  Culquhorsie.  At  this  diet  replies  by  the  Pursuer 
to  the  eiks  to  the  defences  were  handed  in,  and  the  Sheriff  assigned  March  5  to 
pronounce  interlocutor,  but  no  farther  entry  has  been  found  until  4  March,  1618,  near 
the  end  of  the  volume,  when  the  cause  was  awakened. 

James  Smyth  in  Elrick  r.  John  Gareoch  in  Badevin  and  James  Gareoch  his  son. 
After  a  couple  of  enrolments,  this  case  disappeared. 

James  Leslie  at  the  Mylne  of  Warthill  i>.  John  Leslie  of  Wardesand  Robert  Glenny 
in  Brigend.  After  defences  were  lodged,  the  case  dropped  out  of  the  roll. 

March  5.  John  Lytilljohne  in  Kearden,  Takisman  of  the  tua  pairt  of  the  toune  and  landis  of 

Cragmylne  and  fermorar  thairof  v.  Hector  Dauidsone  in  Pettodrie.  Defences  ordered 
on  March  12.  On  June  4  the  defences  were  repelled  and  proof  allowed. 

James  Walker  in  Peterheid  7.1.  George  Gardyne  in  Conzeack.  This  case  was  set 
down  to  have  a  diet  fixed  for  proof  of  the  Defender's  peremptory  exceptions,  which 
ought  to  have  been  adduced  on  3  July,  1616.  March  19  was  fixed  for  the  purpose. 
On  April  12  there  was  produced  by  the  Defender  a  tack  of  the  "  half  tua  pairt  landis  of 
Thundertoune,"  dated  23  March  1611. 

Decree  of  Wrongous  Intromission.  Alexr.  Murray,  burgess  of  Abd.  v. 
Alexr.  Symmer  in  Boddumes.  The  Defender  was  said  to  have  "  melled  and  intro- 
mettit "  with  grain  bought  by  Pursuer  from  Andrew  Cargill  in  Boddumes;  but  was 
assoilzied  by  virtue  of  his  oath  from  all,  except  some  3O/-  worth,  for  which,  with  6/8  for 
expenses,  there  was  decree. 

Action  of  Spuilzie.  George  Chalmer  of  Balbithen  and  George  Crich toune  of 
Bailziestoune,  his  factor  and  chamberlain  v.  Henry  Ray  in  Petcapill.  12  March 
assigned  for  defences,  which  were  lodged,  but  no  entry  has  been  found  after  12  April. 

12.  Nature  of  Action  not  disclosed.      Patrick  Leyth  of  Licklieheid  v.  Walter  Idill  in 

Auchlyne.  In  respect  of  failure  to  lodge  eiks  to  the  defences,  the  Sheriff  granted 
circumduction.  Admitted  to  Pursuer's  probation  on  12  April. 

212 


Decree  Books:  Vol.  fl.,  Contents 


1617. 

March  12.  Decree  of  Wrongous  Intromission.     Donald  Andersone  in  Kintoir  v.  Stephen 

Mackie  at  the  Mylne  of  Kyntoir.  Decree  for  a  load  of  meal  crop  1604,  estimated  at 
six  firlots,  price  per  boll  12  merks.  One  boll  of  malt  crop  1612,  price  £10.  Expenses 
of  action  4O/- 

19.  Nature  of  Action  not  disclosed.     Thomas  Gordone  of  Grandome  v.  Wm.  Daniell 

in  Auchrathe.  The  pursuer  sued  as  Assignee  of  one  William  Allanache  and  Beatrix 
Russel,  his  wife.  The  Court  fixed  26  March  for  pronouncing  Interlocutor,  when  all 
the  defences  and  eiks  were  repelled  and  the  libel  admitted  to  the  Pursuer's  probation. 

Action  for  Rents.  John  Gordoune  of  Petlurge  v.  James  Cheyne  in  Elrick. 
Continued  to  next  day  for  replies  to  the  defences.  After  many  diets  there  is  an  im- 
portant entry  on  I  Octr.,  when  the  Defender  cited  the  Pursuer,  Gilbert  Johnestoune  of 
Peddeismylne,  Mr.  Geo.  Ilervie,  Notary,  John  Duncane  in  the  Mains  of  Straloche 
and  John  Gordoane  of  Chappeltoune.  To  the  diet  on  October  31  there  were 
summoned  as  witnesses,  in  addition  to  the  foregoing,  Mr.  Robert  Gordoune  of  Fechill, 
who  was  admitted  and  sworn,  Wm.  Gordoune  at  the  Mylne  of  Straloche,  "  quha  was 
repellit  in  respect  of  affinitie  than  rakint  at  the  bar,"  Johne  Johnestoun  in  Owertoun 
and  George  Gordoune  in  Brunthill,  objections  to  whom  were  taken  to  avizandum. 
Case  not  mentioned  after  12  November. 

Nature  of  Actions  not  disclosed.  Alexr.  Craufuird,  portioner  of  Raithen,  as 
Assignee  of  George  Craufuird  of  Annochie  v.  John  Low  in  Auchnagat.  Objections 
were  given  in  against  the  productions  and  replies  ordered  on  26  March. 

Mr.  Wm.  Gordone  of  Carnefeild  v.  Mr.  Alexr.  Innes  of  Danisloune.  Letters  of 
Advocation  presented  stopping  case  until  the  last  day  of  March. 

Action  of  Damages.  Hector  Dauidsone  in  Pettodrie  t'.  John  Lyttilljohne  some- 
time in  Cragmylne  then  in  Kearden.  The  Pursuer  sued  for  ^100  "for  the  interest  to 
be  sustenit  be  the  said  persewar  in  nocht  mainteinning  of  the  biging  of  the  rowme  of 
Cragmyll."  Defences  to  be  lodged  on  26  March. 

Decree  for  Payment  of  Borrowed  Money.  Isobell  Ilervie,  widow  of  James 
Thomsone,  Flesher  in  Abd.  v.  Janet  Williamsone  in  Petmuckstounc.  £4  .  6  .  8  of 
borrowed  silver  sued  for.  The  Defender  had  been  personally  summoned  but  did  not 
appear.  The  claim  was  then  referred  to  the  Pursuer's  oath.  The  result  was  a  decree 
with  6/8  of  expenses. 

Decree  in  Supplement.  Damages.  Mr.  John  Leythe  of  Blairioune,  Com- 
missary of  Abd.  v.  George  Gardyne  in  Wastburne.  This  was  a  decree  in  supple- 
ment of  a  decree  of  the  Court  of  the  lands  of  Blairtounc,  held  on  16  November,  1614, 
by  which  the  Defender  along  with  Andrew  Davidsone  in  Blairtoune  was  found  liable 
of  his  own  consent  to  put  the  Mill  of  Blairtoune  in  repair  under  the  penalty  of  ^40  to 
be  paid  equally  between  them.  By  this  decree  Gardyne,  who  had  left  the  laird  of 
Blairtoune's  lands  and  jurisdiction,  was  ordained  to  pay  £20,  being  his  half  of  the 
penalty,  for  failure  to  repair  the  Mill. 

213 


Aberdeenshire  Sheriff  Court: 

1617. 

March  20.  Nature  of  Action  not   disclosed.       Mr.   William  Chalmer,   portioner   of  Waster 

Fintray  v.  Andrew  Dauidson  in  Middill  Disblair.  Various  interlocutory  entries  are 
found  previous  to  July  31  when  the  Defender  was  allowed  a  proof  prout  de  jure  of  his 
last  defence  and  eik,  all  the  other  defences  being  repelled.  The  Sheriff  changed  his 
mind,  however,  at  a  later  stage.  {Vide  3  Dec.  infra.} 

Decree  for  Wrongous  Intromission.  William  Barnet,  Tailor,  burgess  of 
Abd.  v.  Andrew  Andersone  in  Petmuckstoune.  Three  ewes  belonging  to  the 
Pursuer  and  marked  with  his  mark  were  being  pastured  on  the  possession  of  James 
Alschioner  in  Rubislaw  when  the  Defender  took  them.  The  Defender  was  ordained  to 
restore  them  or  pay  4O/-  for  each  with  i6/-  of  expenses.  The  value  asked  by  the 
Pursuer  for  each  ewe  was  ^4. 

Action  of  Improbation.  The  Procurator  Fiscal  and  Andrew  Hervie  elder  of 
Elrick,  and  others  v.  George  Currour  of  Swailend.  An  action  at  the  instance  of 
Currour  against  the  Ilervics  was  pending  at  this  time  {vide  infra  29  March)  and 
approaching  decision.  This  action  to  improve  (disprove)  the  execution  of  the  summons 
in  the  pending  cause  was  apparently  raised  by  way  of  a  desperate  attempt  to  stave  off  a 
judgment  in  the  principal  cause.  It  was  not  successful. 

26.  Nature  of  Actions  not  disclosed.     IJarie  Gordounc  in  Haddo  z1.  John  Gordoune  of 

Tillielt.  Interlocutor  to  be  pronounced  on  the  following  day ;  but  no  farther  entry 
found. 

George  Annand,  lawful  son  of  Mr.  William  Annand  of  Collihill  v.  James  Setone 
of  Pctmedden,  Janet  Setoun,  widow  of  Mr.  Wm.  Annand  of  Collihill,  and  Arthur 
Chalmer  in  Abd.,  her  husband,  for  his  interest,  and  George  Chalmer  of  Balbithen, 
admitted  for  his  interest.  This  diet  has  been  fixed  for  the  Sheriff  to  pronounce  inter- 
locutor upon  an  exception  proponed  by  George  Chalmer  of  Balbithen  :  but  the  Sheriff 
refused  to  admit  it  because  Mr.  Arthur  Watt,  procurator  of  George  Chalmer  "  refuisit 
to  giwe  his  aithe  that  he  haid  informatione  of  the  said  George  Chalmer  to  propone  the 
samen  or  that  he  believit  his  informatione  was  trew. "  The  defences  were  also  repelled 
and  proof  allowed.  At  the  first  diet  of  proof  on  12  April,  it  was  proved  that  the  Pursuer 
was  born  in  December  1614,  and  was  therefore  of  age.  The  question  of  whether  the 
lands  of  Lochtulloche  had  been  redeemed  or  not  was  also  the  subject  of  evidence. 

Decree  of  Wrongous  Intromission.  Alexander  Mowtray  in  Auld  Abd., 
Assignee  of  Robt.  Skeine,  burgess  of  Abd.  v.  William  Galloway,  Cordoner  in  Abd. 
The  Defender  was  ordained  to  deliver  to  the  Pursuer  "  tua  sufficient  new  glassin 
wundowis  of  new  glass  of  compas  wark  of  fourtie  four  futes  pryce  of  the  fute  sex 
schillingis  "  or  to  pay  6/-  per  foot  for  the  glass.  The  Pursuer  claimed  £$  "  for  penting 
of  the  defenderis  storme  wundowis  and  peit  steanis  of  his  hous  conforme  to  the  valour 
of  the  oylis  and  warkmanschip  in  performing  lhairof."  Instead  of  ^4  there  was 
allowed  for  this  33/4.  The  expenses  were  fixed  at  26/8. 

214 


Decree  Books:  Vol.  H,  Contents 

1617. 

March  29.  Decree  of  Wrongous  Intromission.      George  Currour  of  Swailend  in   Saint 

Machar  v.  Andrew  Hervie,  elder  of  Elrick,  James  and  Andrew  Hervie,  his  sons.  As 
proprietor  of  Swailend  the  Pursuer  claimed  a  holding  sometime  occupied  by  one  James 
Donald,  then  in  Monycabak  and  the  crop  thereon,  which  for  farther  security  he  arrested. 
The  Harveys  took  possession  of  the  crop,  but  after  considerable  litigation  were  found 
to  be  wrong.  The  Pursuer  stated  the  crop  at  120  bolls  oats  and  40  bolls  beir.  The 
mode  of  estimating  the  quantity  was  "  Ilk  thrie  thrawis1  aittis  estimat  to  ane  boll  corne 
Ilk  four  thrawes  beir  estimat  to  ane  boll  beir  .  .  .  Inde  auchtein  scoir  thrawis 
aittis  with  the  fodder."  Price  of  oats  stated  at  £6  of  beir  £8  per  boll.  The  Pursuer 
had  to  be  content  with  a  decree  for  36  bolls  of  "  brokit  corne"  with  the  fodder,  at  5 
merks  per  boll,  and  4  bolls  beir  with  the  fodder,  at  8  merks.  Expenses  ^5. 

Nature  of  Action  not  disclosed.  Wm.  Reid  in  Pettindreiche  v.  George  Gordone  in 
Tillinessill.  The  last  day  of  April  assigned  for  defences.  On  June  25  the  term  of 
lodging  eiks  to  the  defences  was  circumdaced.  On  November  12  the  defences  were 
repelled  except  the  defence  of  Improbation. 

Action  of  Spuilzie.  Walter  Ortoune  in  Auld  Abd.  v  John  Touche,  elder, 
burgess  of  Abd.  The  last  day  of  April  assigned  for  defences.  After  various  procedure 
appearance  was  withdrawn  for  Defender  on  31  Oclr.  At  a  first  diet  of  proof  on  12 
Novr.,  Wm.  Watt,  Notary,  and  Wm.  Garioche,  officer,  were  examined  for  Pursuer,  but 
no  farther  entry  has  been  found. 

Nature  of  Action  not  disclosed.  James  Ilervie  of  Elrick,  Assignee  of  Andrew 
Hervie,  his  son,  v.  Mr.  Wm.  Leslie  of  Siveildie.  Defender  passed  from  his  appearance 
and  libel  admitted  to  the  Pursuer's  probation.  Decree  on  30  July. 

Action  of  Mill  Multures.  Alexander  Gordoune  at  Kethokismylne  v.  Patrick 
Leyth  in  Ealgonie.  Defences  to  be  lodged  on  4  June,  which  was  done.  After  all  the 
written  pleadings  had  been  lodged,  the  Sheriff  on  9  July  fixed  16  July  to  pronounce 
Interlocutor,  but  no  farther  entry  has  been  found. 

Nature  of  Actions  not  disclosed.  George  Chalmer,  younger,  burgess  of  Abd.  v. 
Duncan  Blakhall  in  Clerkseit.  The  Pursuer's  Procurator  produced  letters  of  Inhibition 
and  executions  thereof.  Various  procedure  ensued,  but  the  case  was  not  on  the  roll 
after  9  July. 

Robert  Moreis  in  Cremond  v.  Magnus  Gellan  in  and  John  Frost  there. 

Defences  to  be  lodged  on  4  June.  Ultimately  the  time  for  lodging  eiks  to  the  defences 
was  circumduced  on  23  July. 

Decree  for  Violent  Profits.  John  Gordoune  of  Auchindoir  v.  Robert  Gordoun 
at  the  Mylne  of  Auchindoir.  The  Defender  had  been  in  wrongous  occupation  of  the 
Mill,  mill  lands  and  a  croft  called  Blakhillok  since  Whitsunday  1615.  The  \alue  of  the 
grazing  of  10  oxen,  6  cows,  6  horses,"  60  yeild  nolt  and  120  sheep  and  lambs  was  sued 
for  but  not  allowed.  The  multures,  knaveships  and  sequels  of  the  mill  were  also  sued 
for  and  allowed  :  but  while  there  was  claimed  for  these  6  firlots  of  victual  half  meal 
half  malt  every  24  hours  at  ,£8  per  boll,  the  amount  decerned  for  has  been  unfortunately 
left  blank.  Expenses  5  merks.  The  defences  had  been  withdrawn,  and  proof  allowed 
so  far  back  as  26  July  1616. 

I.  A  thrawe  or  threave  seems  to  have  consisted  of  24  sheaves. 
215 


Aberdeenshire  Sheriff  Court: 

1617. 

March  29.  Action  of  Spuilzie.     Mr.  James  Leask,  Minister  of  Cuschnie  v.  John  Thomsone 

in  Kirktoune  of  Awfuird,  John  Calder  there  and  Alexr.  Coupar  in  Argethin.  Subject 
of  Spuilzie  not  mentioned.  On  30  July  the  defences  were  repelled,  and  the  case  remitted 
to  the  Pursuer's  probation.  On  31  Octr.  there  were  examined  as  witnesses,  John  Reid 
in  Brydiswall,  John  Roberlsone  in  Knokriauche,  William  Clerk  in  Kirktoune  of  Cuschnie 
and  Robert  Morgin  in  Belnakellie.  The  Defender  desired  the  Pursuer's  oath  of  calumny, ' 
which  he  gave. 

Decree  for  Payment  of  Borrowed  Money,  etc.  John  Andersone,  Cordoner  in 
Abd.  v.  Duncan  Forest  in  Petfour,  Alexr.  Murray  there  and  Robert  Andersone  there. 
Decree  against  all  Defenders  conjunctly  and  severally  for  16  merks  of  "  borrowit  siluer," 
and  also  against  Forest  for  i8/-  for  a  pair  of  shoes.  Expenses  decerned  for  4O/-. 

Decree  for  Payment  of  Annuity.  Mr.  Alexr.  Irving,  Advocate  [in  Aberdeen] 
v.  Andrew  Hervey  of  Elrick.  By  Letters  of  Obligation  dated  4  February  1608,  Ilervie 
hnd  bound  himself  to  pay  Irving  £10  per  annum  from  Whitsunday  1608  during  the 
latter's  life.  Nothing  had  been  paid,  and  decree  was  asked  both  for  the  past  due  and 
future  payments.  This  was  granted  for  what  was  past  due  ;  but  the  Defender  was 
assoilzied  pro  loco  el  teinpore  from  the  other  conclusion,  without  prejudice  to  the  Pursuer 
to  sue  for  the  future  payments  "  as  accordis  of  the  law." 

June      4.  Nature  of  Action  not  disclosed.      John  Cruikshank  in  Kintoir  v.  Henry  Smart 

there.     Defences  and  eiks  repelled,  and  libel  admitted  to  Pursuer's  probation. 

18.  Action    of   Deforcement.      Mr.   Wm.   Barclay,    Procurator   Fiscal,  and  James 
Wilsonc  in   Balhenie,  sometime  in   Towburne,   for  his  interest  v.   Alex.  Wilsone  in 
Cowdrain  and  Alexr.  Gordoune  of  Blelok.     Defences  lodged.     Replies  to  be  put  in  on 
June  25.     No  entry  found  after  16  July,  when  the  Pursuer's  replies  to  the  Defenders' 
ciks  were  lodged. 

Nature  of  Actions  not  disclosed.  John  Andersone  in  Kintoir  v.  William  Makie  in 
Tofthillis.  Replies  to  defences  to  be  lodged  on  June  25,  but  this  is  the  only  entry 
found. 

George  Michie  in  \Vedderburne  v.  Robert  Home  in  Beigishill.  Replies  to  defences 
to  be  lodged  on  June  25.  The  term  for  lodging  Eiks  to  the  defences  was  circumduced 
on  9  July. 

Marjorie  Mengzeis,  widow  of  Mr.  Gilbert  Gray,  Principal  of  the  New  College  of 
Abd.  v.  John  Wallace  in  Beildsyde.  Defences  to  be  lodged  on  June  25,  which  was 
done,  after  which  no  entry  found. 

Decree  of  Removing.  Mr.  Wm.  Ray,  Advocate  in  Abd.  v.  John  Ilervie, 
Robert  Chalmer,  Henry  Ray  and  Thomas  Mackie,  all  tenants  in  Wester  Fintray.  The 
Pursuer,  produced  Sasine  of  the  lands  dated  3  July,  1616.  Notary  John  Leslie. 

19.  Decree  of  Removing.     Wm.   Udnie  of  that  Ilk,  Donator  to  the  liferent  and 
escheat  of  John  Gordoune  of  Newtoune  v.  George  Schand  in  Newtoune  of  Wranghame 
in  Culsalmond.     The  Pursuer  produced  a  Charter  and  an  Act  of  the  Court  of  the 
Barony  of  Newtoun  held  within  the  [?]  woman  house  thereof  on  27  May,  1617,  bearing 
that  Defender  had  agreed  voluntarily  to  remove  from  the  plough  of  land  called  Brokiesyd. 

2l6 


Decree  Books :  Vol.  IL,  Contents 

1617. 

June   20.  Decree  of  Removing.     Gilbert  Baird  of  Auchmedden  v.   Charles  Kennert  in 

Bottinkairne  of  Auchmunzeall.  The  Defender  was  ordained  to  remove  from  eight 
oxengait  of  Netherhill  of  Auchmunzeall  in  the  parish  of  Deer.  Sasine  dated  20  June, 
1594.  Notary  the  late  John  Symsone. 

Action  of  Removing.  William  King,  son  of  the  late  William  King  in  Dumbrek, 
with  consent  of  John  Bruce  of  Grayas-Fortrie  and  James  Johnestoune  of  Isakstoun,  his 
curator  v.  Mr.  James  Ord  of  Dumbrek  and  John  Walker  in  Aiihous  of  Dumbrek.  The 
Defenders  were  sought  to  be  removed  from  the  sunny  half  of  Aiihous  of  Dumbrek,  in 
the  parish  of  Udny,  of  which  the  Pursuer  was  stated  to  be  heritable  proprietor  (pro- 
bably in  wadset).  There  was  produced  a  sasine  of  date  29  January,  1617.  Notary 
Andrew  Cruickshank.  This  case  was  advocated  on  23  July. 

25.  Action  of  Spuilzie.     Absolvitor.     Troyalus  Knight  in  Fraserisburghl  v.  Patrick 

and  Alexander  Crowdane  in  Kinglasser.  The  Defenders  were  charged  vvilh  4  tethers 
at  2/-  each,  said  to  have  been  cut  by  them  and  their  servants  from  the  Pursuer's  horses. 
Three  plaids  at  ^4  each  taken  from  the  Pursuer's  herds.  Alexander  was  said  to  be  due 
2O/-  of  borrowed  silver  and  for  drink.  Patrick  i8/-  for  borrowed  silver  and  drink,  a 
peck  of  meal  io/-,  3  bolls  of  corn  eaten  by  a  foal  in  1615  at  £4  per  boll  and  a  boll  of 
calf  corn  eaten  in  1616  at  5  merks  per  boll.  On  a  reference  to  their  oaths  the  Defenders 
"  denyit  the  haill  contentis  of  the  said  petitione  "  and  were  assoilzied. 

Decree  of  Removing.  Robert  Keythe  of  Auldmad  v.  Gilbert  Keythe  in  Mains 
of  Ardmacher.  The  "sone  pleuche  of  the  Mains  of  Ardmacher"  in  the  parish  of 
Deer.  Sasine  produced  dated  7  December,  1610.  Notary  the  late  William  Jak. 

Decree  of  Removing.  John  Forbes  of  Brux  v.  James  Mowatt  in  Mains  of 
Muresk.  The  "  sone  east  pleuche  of  the  Mains  of  Muresk,"  in  the  parish  of  Turriff. 
Pursuer's  Sasine  dated  26  September,  1607.  Notary  the  late  William  Ogstoune. 

Action  of  Removing.  Thomas  Murray,  burgess  of  Abd.  v.  William  Austein  at 
Mylne  of  Murthill.  The  "  equall  half  of  the  Mylne  of  Murthill,  croftis,  Mylne  land 
housis,"  &c.,  "in  the  parochins  of  Peterculter  and  Banchorie  Devcnik."  Pursuer's 
Sasine  dated  5  August,  1607.  Notary  Mr.  Arthur  Watt. 

July      2.  Nature  of  Actions  not  disclosed.     Procurator  Fiscal  and  Adam  Fraser  of  Finzeauche 

for  his  interest  v.  Alexander  Shref  and  John  Copland.  Only  this  and  two  or  three 
formal  interlocutors  have  been  found. 

John  Richie  in  Torryleith  v.  James  Symmer  at  the  Mylne  of  Gawell.  In  absence 
of  the  Defender  summons  admitted  to  the  Pursuer's  probation. 

Decree  of  Removing.  Isobell  Forbes,  Lady  Balbegnocht  v.  Patrick  or  Peter 
Dickie  in  Aiihous  of  Kinmundie.  The  Pursuer  was  liferentrix  of  the  croft  called  "  the 
Aiihous  Croft  of  Kinmundie  "  in  the  parish  of  Peterheacl  in  virtue  of  Sasine  produced, 
but  of  which  the  date  is  not  given.  Notary  Alexander  Youngsone. 

EE  217 


Aberdeenshire  Sheriff  Court : 

1617. 

July.  2.,  Decree  for  Damages.  Pig-sticking.  Allaster  Andersone  in  Rippachie  v. 
Duncan  Name  in  Knoksoull,  James  Makmay  in  Kinnadie,  John  Lowrance  in  Cotter  - 
toune  of  Pettalachie,  Duncan  Smyth  in  Knoksoul,  John  Ker,  elder  and  younger  there, 
Thomas  Makmei  there  and  Alexr.  Cuik  there.  The  Defenders  were  charged  with 
"  the  wrangous  slaying  and  stiking  of  tua  suyne  and  ane  sow  "  belonging  to  the  Pursuer 
in  August  1616,  and  were  found  liable.  The  value  put  upon  each  animal  by  the 
Pursuer  was  £10,  in  addition  to  the  "  excrescent  profits"  of  the  female,  which,  accord- 
ing to  the  theory  of  the  Pursuer,  would  have  produced  in  the  interim  three  litters,  each 
litter  numbering  18  gryces  [sucking  pigs].  The  Sheriff  Depute,  after  hearing  proof, 
allowed  30  merks  for  the  three  "  stikit "  pigs  with  4O/-  of  expenses,  ignoring  altogether 
the  progeny  which  might  have  been. 

Action  for  Payment  of  Malt.  Wm.  Forbes  in  Kynmundie  v.  George  Calder 
and  Margaret  Mitschell,  his  wife,  in  Kingiswallis,  James  Auldmeill,  Isobell  Sang  in 
Schethokisleye,  Wm.  Porter  in  Foulertoun  and  Wm.  Wagrell,  in  Tailtie.  On  behalf 
of  a'l  the  Defenders,  except  Auldmeill,  an  opportunity  was  asked  to  lodge  defences,  but 
upon  July  23  there  was  a  decree  against  Calder  to  pay  two  firlots  of  "  rin  met  malt " 
price  5  merks  6/8d.,  and  Auldmeill  three  firlots  malt  price  8  merks  4/4d.,  with  6/8d. 
each  for  expenses. 

July      9.  Decree    of    Transferring.      George  Johnestoune,   burgess  of  Abd.  v.  George 

Johnestoune  of  that  Ilk,  as  heir  to  his  father  John  Johnestoune  of  that  Ilk.  By  this 
decree  the  obligations  contained  in  a  Discharge  and  Bond  of  Warrandice  granted  on 
February  2,  1610,  by  John  Johnestoune  of  that  Ilk  and  Caskieben  in  favor  of  the 
Pursuer  were  transferred  passive  in  the  person  of  the  Defender,  as  heir  served  to  his 
father.  The  circumstances  under  which  the  deed  was  granted  are  stated  at  great  length 
in  the  Bond,  which  is  engrossed  verbatim  in  the  Decree.  The  following  is  a  summary  : 
— Thomas  Johnesloune,  burgess  of  Abd.,  uncle  of  the  Pursuer,  sold  the  lands  of 
Middiltoune  of  Disblair,  Toux,  Ordeis,  Suttetoune  and  Bruntlandwaird,  in  the  Regality 
of  Lindores  and  Barony  and  Parish  of  Fintray,  to  John  Johnestoune,  the  Defender's 
father,  with  clause  of  absolute  warrandice  ;  but  Helen  Arbuthnot,  widow  of  John 
Leslie  in  Boggis  and  wife  of  John  Gordoune  of  Tilligrig,  claimed  to  be  liferentrix  of  the 
shadow  fourth  part  of  Middiltoune  of  Disblair,  as  conjunct  fiar  with  John  Leslie,  her  first 
husband,  in  virtue  of  a  conveyance  from  the  late  Archibald  Wod,  of  earlier  date  than 
Wod's  disposition  to  Thomas  Johnestoune.  Helen  Arbuthnot,  now  Gordoune,  raised 
actions  in  the  Court  of  Session  against  both  George  Johnestoune,  as  heir  to  his  uncle 
Thomas,  and  John  Johnestoune  of  that  Ilk,  for  payment  of  the  rents  for  the  period  since 
her  first  husband  John  Leslie's  death  in  1 590.  The  rents  and  services  were  stated  to 
be  "tua  chalders  wictuall  tua  pairt  meill  and  third  pairt  beir  ane  dossone  of  cappones 
ane  dossone  of  pultrie  ane  weddir  ane  lamb."  Owing  to  the  "  mediatione  and 
intercession  of  certane  my  weill  effected  freindis  "  and  in  consideration  of  a  payment 
of  800  merks,  the  late  John  Johnestoune  had  discharged  and  relieved  the  Pursuer, 
George  Johnestoune,  of  these  Court  of  Session  actions  and  took  the  whole  burden  on 
himself  and  his  heirs.  Among  the  witnesses  to  the  deed  were  Robert  Johnestoune  of 
Crimond,  Gilbert  Johnestoune  of  Taweltie  and  Mr.  Robert  Davidsone,  Advocate,  in 
Abd. 

218 


Decree  Books:  Vol.  IL,  Contents 


1617. 

July    16.  Nature  of  Action  not  disclosed.     William  Setoune  of  Blair  v.  Andrew  Peirie  in 

Auldtounleyis.  Replies  to  defences  ordered  for  23  July  but  case  is  not  mentioned  after 
30  July. 

Decree  for  Payment  of  Borrowed  Money.  Alexr.  Young  in  Kinmondie  v. 
Gilbert  Ronaldsone  in  Blakhillis,  John  Middiltonne  in  Edit,  Wm.  and  James  Phannes 
in  Auchlie,  Patrick  Davidsone  in  Kingiswallis,  John  Symesone  there  and  John  Smythe 
there.  Ronaldsone  appeared  and  admitted  being  due  40  merks  of  borrowed  money. 
Middiltoune  admitted  a  debt  of  £22  for  sheep  bought  from  the  Pursuer.  The  other 
Defenders  did  not  appear  but  were  found  liable  as  follows  : — James  Phannes  6  merks 
borrowed  silver.  Wm.  Phannes  5  merks  for  a  ewe  and  5  merks  for  a  wedder. 
Davidsone  ,£40  borrowed  three  years  previously.  Symesone  20  merks  the  price  of 
nolt  and  Smythe  £10  borrowed  two  years  before.  Expenses  io/-  each. 

Decree  for  Payment  of  Butter.  Janet  Duncan,  widow  of  Abraham  Forbes 
of  Blaktoune  v.  Alexr.  Burnet,  burgess  of  Abd.  as  cautioner  for  Andrew  Hay,  skipper, 
in  Peterheid.  21  stones  of  butter  at  5  merks  per  stone  with  ^3  for  expenses,  conform 
to  a  decree  obtained  against  the  principal  debtor  with  2O/-  of  expenses  in  this  action. 

Decree  of  Removing.  John  Hay  of  Cremondmogat  v.  Isobell  Fraser,  widow  of 
Thomas  Smyth  in  Cremondmogat,  and  John  and  Walter  Smyth,  her  sons.  Eight 
oxengait  of  the  lands  of  Nethertoune  of  Cremondmogat,  in  the  parishes  of  Cremond  and 
Lonmay.  A  Sasine  was  produced  but  no  date  or  Notary  mentioned. 

Action  of  Spuilzie.  Francis  Chrystisone  in  Auldmad  v.  Robert  Lowrence  there. 
The  Defender  did  not  appear,  and  the  Sheriff  Depute  admitted  the  libel  to  the  Pursuer's 
probation. 

Decree  of  Removing.  John  Urrie,  heritable  proprietor  of  the  subjects  v.  Wm. 
Johnestoune,  elder,  in  Innerurie.  Two  and  one  half  "  ruiddis  "  of  land  on  the  east 
side  of  the  Burgh  of  Innerurie.  A  Sasine  was  produced  but  no  particulars  of  it  given. 

Decree  for  Payment.  Abstracted  Multures.  Andrew  Ogstoune,  Takisman  of 
the  Milne  of  Crichie  v.  Wm.  Legartwod,  sometime  in  Kinadie  then  in  Annachie. 
A  certain  amount  of  meal  for  abstracted  multures  in  the  years  1610,  II,  12,  13,  14,  15 
and  16  at  £6  per  boll  with  13/4  of  expenses. 

22.  Action   for   Rent.      Andrew  Watsone  in  Auchlie   v.   James  Davidsone   there. 

Defences  to  be  lodged  on  July  24.  On  July  31  all  the  defences  and  eiks  were  repelled 
except  the  last  defence,  of  which  the  Defender  was  allowed  a  proof  prout  de  jure. 
After  various  diets  had  been  assigned  for  proof  the  term  for  proving  the  defence  was 
circumduced  on  3  December. 

Decree  of  Removing.  William,  Lord  Keithe  and  Altrie,  Maister  of  Merschell 
and  James  Walkar  in  Peterheid  v.  James  Davidsone  in  Auchlie.  Four  oxengait  of  the 
lands  of  Auchlie  in  the  parish  of  Deir.  Walkar's  Sasine  was  produced,  dated  19  June, 
1615.  Notary  the  late  John  Arbuthnot.  Defences  to  be  lodged  on  July  24.  On  July  31 
all  the  defences  and  eiks  were  repelled  except  the  last  defence  and  last  eik,  of  which  a 
proof  was  allowed  per  scripta.  On  October  I  the  Defender  referred  his  defence  to  the 
Pursuer's  oath  of  verity  but  this  was  disallowed,  the  proof  allowed  being  per  scripta 
tantum.  Decree  of  Removing  was  pronounced  on  October  31. 

219 


Aberdeenshire  Sheriff  Court: 

1617. 

July    23.  Nature  of  Action  not  disclosed.     Mr.  Patrick  Cheyne  in  Ellone  v.  Alexr.  Follay 

[?  in  Arnage].     Defences  on  30  July.     Last  entry  on  I  October. 

Decree  of  Removing.  Wm.  Irving  of  Murthill  v.  Alexr.  Moreis  sometime  in 
Auldfauldeis  of  Murthill  thereafter  in  Kennertie.  The  shadow  four  oxengait  lands  of 
the  shadow  plough  of  the  town  and  lands  of  Auldfauldis  of  Murthill  in  the  parishes  of 
"  Petirculter  and  Banchorie  Devinnik."  The  Pursuer's  Sasine  was  said  to  be  in  the 
hands  of  John  Hunter,  Notary  and  Substitute  Clerk  of  Court. 

Action  of  Removing.  Wm.  Forbes,  Fiar  of  Bairnis  v.  Patrick  Leithe  of 
Liklieheid,  Patrick  Leithe,  younger,  his  son,  George  Gordoune  of  Terpersie,  John 
Gordoune  in  Braidfuird,  Robert  Leythe  in  Liklieheid  and  a  number  of  others.  The 
Defenders  were  said  to  have  been  duly  warned  before  Whitsunday  to  remove  from  the 
"  aucht  pairt  of  the  toune  and  landis  of  Auchlewin"  in  the  parish  of  Premnay. 
Pursuer's  Sasine,  12  July,  1615.  Notary  George  Barclay.  Defences  ordered  on  30 
July,  but  the  end  of  the  case  is  not  reached  in  this  volume. 

Nature  of  Actions  not  disclosed.  Adam  Quhytcors  at  the  Mylne  of  Kinguiddie  v. 
Andrew  Cuming  in  Hillok  of  Auchinhuif.  Defences  to  be  lodged  on  30  July.  This 
not  being  done  the  term  was  circumduced. 

Andrew  Walker  in  Cottoune  of  Gicht  v.  Wm.  Angous  in  Lethintie.  In  absence 
of  Defender  the  Pursuer's  petition  admitted  to  his  probation. 

James  Chessour,  Girsman  in  Counteswallis  v.  Win.  Yuill  in  Hall  of  Murthill  and 
James  Yuill  in  Newtoune  of  Murthill.  Defences  to  be  lodged  on  30  July,  but  no  entry 
found  then  or  afterwards. 

Decree  of  Removing.  James  Garioche  of  Kinstair  and  Mr.  James  Skeyine  of 
Waster  Corss  v.  Margaret  Ranie,  widow  of  John  Smyth  in  Meikill  Endovie,  James 
Smyth  now  her  husband  for  his  interest,  and  Thomas  Foullartoun  in  Milne  of  Badinley. 
The  Defenders  were  ordained  to  remove  from  Meikill  Endovie  and  Mill  of  Badinley 
respectively  of  which  there  was  produced  for  the  Pursuers  a  Sasine  dated  31  May,  1616. 
Notary  William  Forbes. 

Nature  of  Action  not  disclosed.  Alexander  Cuming,  Tailzeour,  burgess  of  Abd. 
v.  Margaret  Waus,  widow  of  the  late  in  Petfoddellis.  July  29 

assigned  for  defences,  but  no  entry  then  or  afterwards. 

Action  of  Mill  Multures.  James  Garioche  of  Kinstair  and  Mr.  James  Skeyine  of 
Waster  Corss  v.  John  Lumisdane  of  Tillikayrne.  The  Defender,  Lumisdane,  maintained 
that  he  was  astricted  to  pay  only  three  bolls  malt  and  seven  bolls  meal  to  the  Pursuer's 
mill  for  crop  1616  and  offered  to  do  so  provided  they  had  right  to  exact  it.  The  offer 
was  not  accepted  and  defences  were  ordered  for  31  July.  The  Pursuer's  Sasine  of  the 
Mill  and  Multure  was  produced  but  no  date  is  given.  Decree  was  pronounced  against 
Lumisdane  on  18  March,  1618,  for  payment  to  Garioche  of  the  equal  half  of  3  bolls 
malt  and  7  bolls  meal  as  dry  multure,  with  £$  of  expenses.  It  was  found  that  the 
Pursuer,  Garioche,  had  a  title  by  disposition  from  Wm.  Forbes  of  Corsinday. 

220 


Decree  Books :  Vol.  IL,  Contents 


1617. 

July    23.  Decree   in   Supplement.      Rent.      Alexander  Buchane  in  Lamermuir  v.  John 

Lyne  at  the  Mill  of  Litill  Drumquhendill.  At  the  Court  of  the  Barony  of  Little 
Drumquhendill  held  within  the  Manor  House  on  15  January,  1617,  the  Defender  con- 
fessed that  there  was  due  to  the  Pursuer  as  principal  tacksman  of  the  shadow  plough  of 
the  sunny  side  of  Litill  Drumquhendill  certain  rents  for  crops  1615  and  1616,  and  the 
Act  of  that  Court  was  now  produced  for  the  purpose  of  obtaining  Decree  in  Supplement, 
which,  in  the  absence  of  the  Defender,  was  granted.  It  appears  from  the  entry  that 
Gilbert  Reid  was  Fiar  of  Drumquhendill  at  this  time. 

25.  Nature  of  Actions  not  disclosed.     Janet  Duncane,  widow  of  Abraham  Forbes  of 

Blaktoun  v.  John  Boigie  in  Badintuye.  In  the  absence  of  the  Defender  the  Pursuer's 
libel  was  admitted  to  her  probation. 

30.  James  Gordoune  in  Clat  v.  Alexr.  Scherar  in  Scoltis  Miln.     Defences  lodged  and 

answered.     After  various  procedure  the  case  was  advocated  on  December  23. 

Duncan  Forbes  of  Auchterkeig  v.  Arthur  Urquhart  and  John  Strauchin.  Defences 
lodged.  Replies  ordered  for  the  following  day  and  lodged  then,  but  no  further  entry 
found. 

Patrick  Hendersone  in  Pervynneis  v.  Constantine  Buchane  in  Lochehillis.  Defences 
lodged  and  answered.  The  term  for  lodging  eiks  to  the  defences  was  circumduced  on 
I  October. 

Decree  of  Removing'.  John  Leslie  of  Wardes  v.  Tennants  of  Innerurie  (a  large 
number).  The  Pursuer's  summons  styled  him  "heritabill  proprieter  of  the  Dawacht 
landis  and  ruiddis  "  of  Innerurie.  The  date  of  the  Sasine  produced  was  not  given. 

Action  for  Rent.  Wm.  Gordoune  of  Sauchine  v.  Robert  Aikine,  sometime  at 
the  New  Milne  of  Sauchine  then  in  Auchquhathe.  The  Pursuer  sued  for  payment  of 
10  merks  each  for  7  bolls  of  oats  of  past  due  rent.  Circumduction  of  the  term  for 
lodging  defences  was  asked  and  granted  on  31  July. 

Nature  of  Actions  not  disclosed.  Alexr.  Crudane  in  Kinboig  v.  Troyalus  Knicht 
sometime  in  Kinglasser  then  in  Fraserburgh.  Defences  ordered  for  next  day  and  then 
lodged,  but  no  further  entry. 

John  Wilsone  in  Kinmondie  v.  Patrick  Forbes  in  Fynnersie.  The  term  for 
lodging  eiks  by  the  Defender  was  circumduced  on  I  October. 

Decree  for  Payment.  John  Andersone,  Cordinar,  burgess  of  Abd.  v.  Alexr. 
Andersone,  son  of  the  late  Gawyne  Andersone.  Decree  passed  in  absence  for  £$  io/- 
of  borrowed  silver  with  io/-  of  expenses. 

Nature  of  Action  not  disclosed.  Lillias  Craufurd,  Liferentrix  of  Craigiehill  v. 
Alexr.  Bowman,  Andrew  Kid  and  William  Wilsone  all  in  Elrik.  In  absence  of  the 
Defenders  the  Pursuer's  petition  was  admitted  to  her  probation.  In  an  entry  on  31 
October  the  Pursuer  is  designed  "  relict  of  Umqll  Robert  Innes  in  Meikill  Elrick." 

221 


Aberdeenshire  Sheriff  Court: 

1617. 

July  30.  Action  for  Breach  of  Contract.  Absolvitor.  John  Ritchie  in  Torrileith  &•. 
James  Symmer  at  the  Milne  of  Cawill.  The  Pursu  r  sought  entry  to  a  house,  but  on  a 
reference  to  the  Defender's  oath  he  deponed  that  the  Pursuer  promised  to  "  big  "  the 
house  before  Whitsunday,  which  he  had  failed  to  do. 

Decree  of  Wrongxms  Intromission.  John  Williamsone,  burgess  of  Abd.  v. 
Duncan  Blakhall  in  Clerkseit,  Alexr.  Blak  and  James  Brabner,  Maltmen,  burgesses  of 
Abd.  The  Defenders  were  ordained  to  restore  10  bolls  "ferine  beir  "  and  10  bolls 
"  seid  beir  "  with  £$  of  expenses.  The  entry  is  long  but  the  following  is  a  summary. 
In  the  month  of  May,  1615,  the  Pursuer,  who  was  the  proprietor,  let  for  five  years  to 
Andrew  Broune,  then  indweller  and  burgess  of  Abd.,  "his  four  croftis  of  land  callit 
Aidiepringill  Langrig  Spittellhill  and  Croft  besyde  the  Lipperhous "  and  also  a  barn 
and  yard  "  lyand  upone  the  wast  syd  of  the  Gallowgait"  on  certain  terms,  lie  also, 
on  certain  conditions,  advanced  to  him  beir  to  sow  the  crofts.  The  produce  was 
stacked  in  the  yard  above  mentioned.  The  tenant  evidently  got  into  difficulties  and 
the  stacks  in  the  yard  were  arrested  at  the  landlord's  instance,  as  well  as  at  the  instance 
of  his  wife,  Bessie  Burnet.  The  Defenders,  doubtless  creditors  of  Broune,  subsequently 
removed  the  stacks,  but  were  found  liable  by  this  decree  to  make  good  the  arrester's 
claim.  [Vide  supra,  p.  210.] 

Decree  of  Spuilzie.  Troyalus  Knicht  in  Fraserburgh  v.  Alexr.  Crowdane  in 
Kinglasser  and  Patrick  Crowdane,  his  son,  there.  It  would  appear  that  the  Pursuer 
had  preceded  the  Defenders  in  the  occupation  of  Kinglasser,  in  the  parish  of  Rathen, 
and  that  in  the  month  of  September,  1616,  the  Crowdanes  had  taken  possession  of  the 
crop  then  in  stook  upon  the  farm.  What  the  Pursuer  sued  for  was  "  thrie  scoir  thrawis 
aittis  and  tuentie  thrawis  of  beir  Ilk  four  thrawis  aittis  estimat  to  ane  boll  Ilk  thrie 
thrawis  beir  estimat  to  ane  boll "  at  £$  per  boll  for  the  oats,  and  £j  per  boll  for  the 
beir,  besides  "  excrescent  profitis."  What  was  decerned  for  was  7^  bolls  of  oats  at  5 
merks  and  4  bolls  of  beir  at  £$.  Expenses  of  action  ^"4. 

Decree  for  Payment  of  Borrowed  Money.  James  Hervie,  son  and  assignee  of 
Andrew  Hervie  of  Elrick  v.  Mr.  Wm.  Leslie  of  Seveildie.  Decree  for  sums  of  100 
and  200  merks  with  interest  on  the  latter  sum  from  1597  to  Martinmas,  1615,  "accord- 
ing to  the  Act  of  Parliament."  Expenses  ,£4. 

31.  Action  of  Spuilzie.     James  Donaldsone,  burgess  of  Abd.,  Donator  to  the  escheat 

and  liferent  of  James  Keythe  of  Kinadie  v.  John  Clerk  in  Strathry.     The  Defender  did 
not  appear  and  the  libel  was  admitted  to  the  Pursuer's  probation. 

Action  for  Payment.  John  Gordone  of  Craig  v.  John  Gordoune  in  Drymmeis, 
John  Cow  there,  George  Blakhall  there,  James  Gordoune,  sometime  in  Drymmeis,  and 
Alexander  Blakhall  of  that  Ilk.  The  Pursuer  sued  for  certain  victual  due  to  him  by 
John  Gordon  in  Drymmeis  and  George  Blakhall,  for  whom  the  other  Defenders  were 
cautioners.  At  this  diet  he  protested  for  the  highest  prices. 


Decree  Books:  VoL  H,  Contents 

1617. 

July    31.  Decree  of  Removing.     William  Irvine  of  Beltie  v.  Wm.  Keythe  in  Ower  Altrie, 

Thomas  Martein  in  Nether  Altrie  and  John  Keyth  in  Nether  Altrie.  The  Defenders 
were  summoned  to  remove  from  the  "  middill  pleuche  and  aucht  oxingait  of  Ower 
Altrie;"  from  the  "  schaddow  four  oxingait  of  Nether  Altrie"  and  from  the  "  sone 
pleuche  of  Nathair  Altrie  "  respectively,  these  holdings  being  all  in  the  Lordship  of 
Deer.  Pursuer  produced  Sasine  dated  15  October,  1616.  Notary  Mr.  Gilbert  Ross. 
Mr.  Win.  Keythe  appeared  and  was  ordered  to  lodge  defences  on  the  second  day  of 
the  "  heid  Michealmas  Court  ; "  while  decree  passed  against  the  other  Defenders. 

Octr.     i.  Action  for  Rent.     John  Strauchine  at  the  Mylne  of  Auchtercoull  v.  James  Cowtis 

in  Tailzea.  To  this  diet  of  proof  there  were  summoned  as  witnesses  for  the  Defender 
John  Gordoune  of  Tilliquhodie,  Robert  Cowtis  of  Auchtercoull,  Patrick  Gordoune  of 
Kincraigie,  Mr.  James  Straquhan,  persone  of  Coldsteane,  Mr.  Wm.  Robertsone, 
Minister  at  Tarlen,  John  Gordoune  in  Tilliludge,  John  Straquhan  in  Strathmore,  John 
Ross  there  and  John  Tais,  of  whom  the  laird  of  Auchtercoull  and  John  Gordoune  in 
Tilliludge  only  attended.  An  instrument  under  subscription  of  Robt.  Stewin,  Notary 
dated  7  August,  1616,  was  produced.  After  two  subsequent  diets,  at  which  none  of 
the  witnesses  were  produced,  the  term  for  proving  the  defence  was  circumduced  on 
3  December.  No  later  entry  found. 

Action  of  Spuilzie.  John  Merchand  in  Kincardyne  O  Neil  v.  David  Canzeauche 
at  the  Mylne  of  Camphell.  Defences  to  be  lodged  on  October  31,  which  was  done, 
but  no  farther  entry  has  been  found. 

Nature  of  Actions  not  disclosed.  George  Leslie  of  that  Ilk  v.  William  Dawie  in 
Chappeltoune  of  Leslie.  The  Defender  did  not  appear  and  libel  was  admitted  to  the 
Pursuer's  probation. 

Alexr.  Chalmer,  burgess  of  Abd.  v.  Duncan  Blakhall  in  Clerkseit  and  Andrew 
Broune  in  Abd.  Blakhall  was  represented  by  a  Procurator,  and  31  October  assigned 
for  defences.  After  replies  to  the  defences  were  lodged  on  3  December,  no  entry  has 
been  found. 

Alexr.  Buchane  in  Lamermuir  v.  Mr.  John  Cheyne  of  Arnage,  Alexr.  Follay  there, 
Mr.  Patrick  Cheyne  there,  Thomas  Schewan  in  Towie  Arnage  and  Thomas  Simsone  in 
Carnedelie.  The  Procurator  for  the  Defender,  produced  a  discharge  dated  2  June,  1615, 
and  registered  in  the  Commissary  Court  Book  23  July,  1617.  The  Defender  got  until 
October  31  to  object.  At  that  diet  no  objections  were  produced  and  the  term  was 
circumduced. 

Andrew  Duckisone  in  Wattererne  v.  Patrick  Mernis  in  Rubislaw.  Action  awakened 
and  interlocutor  to  be  pronounced  on  October  31,  but  as  no  farther  enlry  has  been  found 
the  probability  is  that  the  case  again  fell  asleep. 

223 


Aberdeenshire  Sheriff  Court : 

1617. 

Octr.     I.  Action  of  Removing.     Mr.  George  Setoune  of  Barra  v.  George  Johnestoune  of 

Caskieben,  Wm.  Dune  in  Muirtoune,  John  Dune  there,  George  Petrie  there,  Alexr. 
and  Robert  Moreis  at  the  Walkmylne  of  the  same.  Johnestoune  is  called  as  pretended 
principal  tenant  of  the  lands  of  "  Muirtoune,  Walkmylne  thairof,  alias  the  Lytillmuir," 
and  he  and  the  others  were  sought  to  be  removed  from  these  and  "  speciallie  from  the 
Copland  fauldis,  muiris  and  marrases  of  the  same  Lochtigrine  Walkmylne  of  Bourtie 
and  croft  thairof"  as  parts  and  pertinents  of  Barra  in  the  Barony  of  Barra.  Sasine 
dated  5  July,  1615.  Notary  Mr.  William  Andersone.  On  October  31  an  advocation 
was  produced  sisting  the  case  until  November  30. 

31.  Action  for  Rent.     John  Forbes  of  Petsligo  v.  John  Ogstoune  in  Lytill  Bomakellie. 

A  rental  book  subscribed  by  the  Defender  was  produced  and  also  the  Pursuer's  Sasine 
dated  6  August,  1600.  Notary  William  Mortimer.  Defences  to  be  lodged  on  November 
12.  The  pleading  ran  its  usual  course  but  no  entry  has  been  found  after  3  December. 

Nature  of  Actions  not  disclosed.  Mr.  Wm.  Barclay,  Procurator  Fiscal,  and 
Hendrie  Umphray  for  his  interest  v.  Patrick  Meldrum  in  Lenscha  and  Robert  Broune 
in  Cuschnie.  The  cause  was  awakened  and  continued  to  12  November  for  Interlocutor 
but  this  is  the  only  entry  found. 

Duncan  Fyiff  in  Kincardin  v.  Robert  Davidsone  in  Stranduff  and  his  wife  Bessie 
and  his  daughter.  Defences  ordered  on  November  12  and  then  lodged,  after  which  no 
entry  has  been  found. 

Wm.  Tower  in  Auchmenzie  v.  James  Vilsone  in  Ardlenie  (?  Ardlony).  Defender 
not  appearing  the  libel  was  admitted  to  the  Pursuer's  probation. 

Bernard  Stewart  in  Marlewall  v.  Charles  Fyiff  at  the  Mylne  of  Drumnauchie  and 
James  Fyiff  there,  his  brother.  Defenders  not  appearing  the  libel  was  admitted  to  the 
Pursuer's  probation. 

Win.  Cuik  in  Urinall  v.  Alexr.  Fraser  of  Forrest  and  Edward  Fraser  in  Frasris- 
burghe.  Defences  ordered  on  November  1 2  and  lodged.  No  farther  entry. 

Action  of  Spuilzie.  Annabell  Byris,  widow  of  Alexr.  Flunter  in  Craigtoune  v. 
Patrick  Hunter  in  Pyiktilhim.  Defences  ordered  on  November  12.  On  January  28, 
1618,  the  whole  defences  were  repelled  and  the  libel  admitted  to  the  Pursuer's  proba- 
tion. 

Nature  of  Actions  not  disclosed.  John  Forbes  of  Petsligo  v.  Edward  Auldmeill 
in  Mains  of  Pitsligo.  The  Defender,  who  did  not  appear,  is  designed  as  "  tennent 
and  occupiar  of  tuelff  boliis  sawing"  of  the  Mains  of  Petsligo.  Libel  admitted  to 
Pursuer's  probation.  There  was  a  diet  of  proof  in  February,  1618,  at  which  a  rental 
book  and  Sasine  were  produced. 

Gilbert  Ronaldsone  in  Carnie  v.  John  Galloway  in  Liddauche  of  Skene,  James 
Young  in  Bankheid,  Alexr.  Galloway  in  Hessilheid  and  Alexr.  Watsone,  Messenger. 
Action  awakened  and  defences  to  be  lodged  on  November  12.  No  termination  re- 
corded. 

224 


Decree  Books:  Vol.  IL,  Contents 


1617. 

Octr.  31.  Decree  for  Rent.     James  Garioche  of  Kinstair  and  Mr.  James  Skene  of  Waster 

Cross  v.  Mr.  William  Burnet,  Minister  at  Kynnernie.  Being  examined  on  oath,  the 
Defender  admitted  being  due  16  bolls  of  victual,  whereof  4  bolls  of  malt,  for  Lytill 
Carneday,  crop  1616,  and  13  bolls  victual,  of  which  4  were  malt,  for  four  oxengait  of 
Corsinday,  crop  1616,  with  I  boll  of  multure  victual,  for  which  and  3O/-  of  expenses 
decree  passed. 

Novr.    I.  Nature  of  Action  not  disclosed.     Wm.  Udnie,  elder,  of  that  Ilk  v,  Andrew  Adame 

in  Auld  Abd.  Defences  ordered  for  November  12.  The  defences  were  repelled  on 
January  15  and  a  proof  allowed.  On  January  28  the  Defender  failtd  to  answer  his 
citation  as  a  witness,  and  the  Pursuer's  libel  was  admitted  to  his  probation. 

Decree  of  Removing.  William  Troupt  of  Pettindreiche  v.  Wm.  Symsone  at  the 
Mylne  of  Keig  and  Alexr.  Symsone,  his  son,  there.  The  Defenders  were  ordained  to 
remove  from  "  the  southe  eist  quarter  lands  of  the  said  toune  and  landis  of  Pettindreiche 
extending  to  ane  pleuche  of  land  lyand  within  the  parochin  of  Keig,  Regalitie  of  Sanct 
Androwis  and  Shrefdome  of  Abirdein."  Sasine  dated  4  December,  1593.  Notary 
the  late  John  Boig.  An  extract  of  a  horning  registered  in  the  Sheriff  Court  books  on 
12  April,  1613,  at  the  instance  of  Thomas  Clerk  and  Cristiane  Leslie,  his  spouse, 
against  Symsone  was  also  produced  and  founded  on. 

12.  Nature  of  Actions  not  disclosed.     Alexr.  Matthowsone  now  in  Standingsteanis  v. 

Arthur  Chalmer  in  Abd.  Defences  ordered  for  November  19.  These  were  repelled 
on  January  15,  1618,  except  the  last  part  of  the  first  eik  and  the  defence  and  eik  relating 
to  improbation.  On  5  February,  1618,  there  were  cited  as  witnesses  for  the  defence 
George  Chalmer  of  Balbithen,  James  Setoune  of  Petmedden,  Alexr.  Holland,  burgess 
of  Abd.,  Mr.  Robert  Paip,  Advocate,  John  King  in  Balbithen,  Mr.  John  Walker, 
Parson  of  Kinkell,  John  Andersone  in  Craigforthie,  Harie  Ray  in  Petcapill  and  George 
Crichtoun  of  Baillyistoun,  none  of  whom  attended  except  George  Chalmer  and  Rolland, 
who  were  objected  to  and  repelled.  The  end  of  the  case  is  not  reached. 

Gilbert  Mengzeis  of  Petfoddellis  v.  Andrew  King,  Advocate,  in  Abd.  Defences 
ordered  for  November  19.  On  10  December  the  term  for  lodging  eiks  to  the  defences 
was  circumduced.  On  5  February,  1618,  the  cause  was  awakened  and  the  Defender 
ordained  to  say  "  agains  the  new  mendit  lybell."  The  case  was  still  in  progress  when 
the  volume  ended. 

James  Andersone,  alias  Walker,  in  Setoune  v.  Alexr.-  Mackie  in  Wattertoune, 
James  Leyth  there,  William  Matthowsone  there,  James  Fettes  there,  William  Watt 
there  and  Janet  Suentoun  there.  In  absence  of  Defenders,  Pursuer's  libel  admitted  to 
his  probation.  There  was  a  diet  of  proof  on  18  February,  1618,  but  no  result  has  been 
found. 

Decree  of  Removing1.  The  Marquis  of  Huntly  v.  his  tenants.  A  very  large 
number  of  tenants  of  holdings  described  as  "  lyand  within  our  Marqueisit  of  Huntlie 
and  Shrefdome  of  Abd."  were  found  to  have  been  in  violent  possession  since  Whitsun- 
day, and  were  in  absence  ordained  to  remove,  James  Gordon  of  Knokespock  being  the 
sitting  Sheriff  Depute.  Mr.  Robert  Paip  produced  executions  of  warning  against  the 
Defenders,  but  no  Sasine  or  other  title  as  was  usual  in  such  cases, 

FF  225 


Aberdeenshire  Sheriff  Court: 

1617. 

Novr.  19.  Action  for  Delivery.     Absolvitor.     Bessie  Mackie,  lawful  daughter  of  the  late 

Gilbert  Mackie,  burgess  of  Abd.  v.  Agnes  Lyell,  wife  of  George  Johnestoune,  burgess 
of  Abd.,  and  the  said  George  Johnestoune.  The  Pursuer  sought  delivery  of  "  tua 
broune  gownes  the  ane  thairof  of  fyne  Lundone  broune  or  violat  claithe  with  ane  red 
border  of  veluet  haueing  thrie  slikingis  of  silk  on  ilk  ane  of  the  said  borders  in  all  pairtis 
of  the  bodie  and  sleiwis  and  round  about  the  hem  thairof  price  of  the  same  "  £72.  As 
lyikwayes  .  .  .  ane  uther  broune  gowne  of  Scottis  claithe  pesamentit  in 
all  pairtis  pryce  thairof"  ^30.  The  Pursuer  referred  her  case  to  the  oaths  of  her 
opponents,  who  denied  ever  having  had  the  gowns  and  were  assoilzied. 

26.  Nature  of  Actions  not  disclosed.     Patrick  Gordone  of  Brasmoir  v.  Edward  Cruik- 

schank  in  Auld  Abd.  In  absence  of  Defender  the  Pursuer's  libel  admitted  to  his  proba- 
tion. 

Andrew  llucheone  sometime  in  Cultis  now  in  Petfoddellis  v.  Andrew  Craig 
in  Cultis.  Defences  ordered  on  3  December. 

Decree  for  Payment.  Patrick  Mengzeis,  burgess  of  Abd.  v.  Alexr.  Young  in 
Kinmondie.  £20  for  "  merchandice  and  utheris  comptis  and  rakningis  coft  and 
resauit  "  which  should  have  been  paid  at  Whitsunday  with  2O/-  of  expenses. 

Decree  for  Payment.  Wm.  Forbes  in  Kinmondie  v.  John  Johnstoune  in 
Maidinecraig  and  Alexr.  Young  in  Kinmondie.  Johnestoune  was  ordained  to  pay 
^7  io/-,  being  balance  of  £10  the  price  of  a  mare.  The  decree  against  Young  was 
for  the  price  of  two  bolls  of  "  quhyt  aits  "  crop  1616  at  £6  per  boll,  with  13/4  each  of 
expenses. 

Decree  for  Rent.  Patrick  Leithe  of  Liklieheid  v.  Wm.  Forbes,  sometime  at 
Auchlewine  now  at  Brig  of  Die.  The  Defender  had  been  the  Pursuer's  tenant  of  8 
oxengait  of  his  lands  of  Auchleven,  and  the  conclusions  of  this  action  were  for  very 
considerable  sums  of  "  byrin  dewties  "  services  and  customs,  in  respect  of  the  tenancy 
for  the  years  1612,  13,  14,  and  15.  The  prices  of  the  grain  were  to  be  according  "  to 
the  feirs  of  the  saids  yeiris."  What  was  decerned  for  was  "  tuelf  bollis  meill  ferme 
wictuall  for  the  cropc  forsaid  [1615]  pryce  of  the  boll  aucht  markis  sex  sh  viiid  accord- 
ing to  the  feir  of  the  said  yeir  withe  the  sowme  of  sex  pounds  money  for  expenss5  of  pley 
maid  in  persute  of  the  said  caus."  The  following  is  the  history  of  the  process  in  Court, 
which  was  apparently  a  normal  one  : — Febry.  12,  summons  presented  ;  19,  defences 
lodged  ;  26,  Replies  lodged  ;  March  5,  eiks  to  defences  ordered  ;  12,  eiks  lodged  and 
replies  ordered  ;  19,  Replies  lodged  and  interlocutor  to  be  pronounced  on  March  26  ; 
26,  no  entry  ;  29,  defences  and  eiks  for  the  Defender  repelled,  except  the  last  eik,  of 
which  proof  allowed  to  him  ;  the  superplus  of  the  libel  admitted  to  the  Pursuer's 
probation  ;  April  23  assigned  for  proof ;  April  23,  no  court  apparently  ;  30,  the 
Procurators  for  the  Defender  offered  to  refer  the  truth  of  the  defences  to  the  oaths  of 
the  Pursuer  and  his  wife  ;  the  other  side  protested  ;  July  19,  three  witnesses  examined 
for  Pursuer  and  one  called,  who  did  not  appear  ;  Pursuer  "  tuik  to  preiwe  for  the 
secund;"  30,  the  second  diet  of  proof;  the  witness  who  failed  to  appear  at  last  diet 
was  examined;  the  Pursuer  "tuik  to  preiwe  for  the  third;"  the  Pursuer  and  his 
wife,  Katharine  Skene,  also  appeared  and  gave  their  oaths  of  verity  ;  Novr.  26,  decree 
as  above. 

226 


Decree  Books:  Vol.  IL,  Contents 

\ 

1617. 

Deer.    3.  Nature  of  Actions  not  disclosed.     Mr.  Thomas  Nicolsone,  Commissary  of  Abd. 

v.  Katherine  Ray,  widow  of  James  Glenny,  and  Wm.  Stewin,  her  husband,  Gilbert 
Leslie,  James  Allone,  all  in  Boigis  of  Fintray,  John  Symmer  in  Newlandis,  James 
Symmer,  Thomas  Rob,  Magnus  Symmer,  Helen  Symmer,  widow  ot  James  Irnesyd, 
and  John  Leslie,  her  husband,  all  in  Haltoune  of  Fintray.  Defences  to  be  lodged  on 
December  10.  On  January  14  the  defences  were  repelled  and  a  proof  allowed  to  the 
Pursuer.  There  is  no  record  of  the  fiist  diet  but  the  second  diet  was  on  January  28, 
after  which  no  entry  is  found  in  this  volume. 

Patrick  Gordoune  of  Brasmoir  v.  Wm.  Barnet,  Tailzeor,  burgess  of  Abd.  De- 
fences to  be  lodged  on  December  10,  which  was  done,  but  no  farther  entry  found. 

William  Leslie  of  Warthill  v.  James  Liddell,  otherwise  Ridlar,  in  Maynis  of  Eycht, 
John  Yeman  in  Culquhorsie,  Alexr.  Skeyne  in  Dumbrek,  and  David  Alshonder  in 
Litill  Eycht.  Defences  to  be  lodged  on  December  10.  The  case  last  appears  in  this 
vol.  on  ii  March,  1618,  when  the  defences  were  repelled  and  a  proof  allowed  to  the 
Pursuer.  As  excrescent  profits  are  mentioned  the  case  must  have  been  one  of  wrongous 
possession  or  intromission  of  some  kiud. 

Decree  for  Payment.  Gilbert  Davidsone  in  Quhythill  v.  Alexr.  Walker  in  Deir. 
12  merks  for  malt  with  2O/-  of  expenses. 

Nature  of  Actions  not  disclosed.  Adam  Gordoune  of  Boghoill,  as  factor  and 
chalmerlane  to  Wm.  Gordoune  of  Saphak,  his  brother  v.  William  Cassie  in  Chappel- 
toune  of  Shewes.  In  the  absence  of  the  Defender  the  Pursuer's  libel  was  admitted  to 
his  probation  "in  quantum  juris"  and  the  Pursuer  referred  to  the  Defender's  oath 
"  the  rest  of  the  lybell  in  quantum  facti  pro  confesso"  On  December  20  the  Pursuer's 
Procurator  produced  a  horning  against  the  Defender  as  probation  "  quantum  juris" 
also  the  Pursuer's  Sasine  (no  date  given)  and  his  Factory.  The  Defender  not  appearing 
to  depone  "  quantum  facti"  decree  was  moved  for. 

Chalmer  v.  Davidsone  \supra  20  March  p.  214].  The  Sheriff  Depute  refused  to 
allow  an  exception  by  the  Defender  to  be  proved  except  by  writ  or  oath,  notwith- 
standing the  plea  of  the  Defender's  Procurator  to  the  effect  that  it  "  micht  be  prowing 
be  witness5  being  bying  and  selling  of  ferme  wictuall  nocht  exceiding  the  sowme  of 
sewin  scoir  poundis." 

10.  Decree  of  Removing'.     George,  Earl  Merschell,  etc.,  etc.  v.  John  Andersone. 

The  Defender  was  ordained  to  remove  "  from  four  oxingait  lands  of  the  Owir  Dawache 
landis  of  Kintoir."  The  Procurator  for  the  Pursuer  stated  that  his  Sasine  was  in  the 
hands  of  Mr.  William  Andersone,  Sheriff  Clerk. 

Action  of  Wrongous  Intromission.  John  Smyth  in  Feuchesyd  v.  Thomas 
Smyth  in  Orcharstoune.  Defences  to  be  lodged  on  December  17,  but  no  entry  found 
after  14  January,  1618. 

Decree  for  Payment.  David  Cathrow  in  Abd.  v.  James  Forbes  in  Breddauche 
and  Gilbert  Galloway  in  Eister  Carnie.  Decree  passed  against  P'orbes  for  29  merks 
and  against  Galloway  for  22  merks  upon  condition  that  the  Pursuer  procured  the  loosing 
of  Arrestments  which  had  been  laid  on  these  sums  by  "  George,  Erll  Merschall." 

227 


Aberdeenshire  Sheriff  Court: 

1617. 

Deer.  17.  Continuation  of  Court.     The  Sheriff  Depute  "ex  consensti  procuratorum"  con- 

tinued all  the  cases  to  December  20. 

20.  Action  of  Spuilzie  or  Wrongous    Intromission.      Patrick  Foullar  in  Auch- 
quheorthy  v.  Isobell  Roust,  now  in  Boigheidis,  widow  of  Patrick  Mylne,  sometime  in 
Thainstoune.     Defences  to  be  lodged  on  14  January  next.     No  entry  found  after  II 
February,  1618. 

Curatory.  George  Forbes,  third  lawful  son  of  Wm.  Forbes  of  Tolquhone,  with 
consent  of  his  father.  The  next  of  kin  called  were  Mr.  Walter  Forbes  of  Auchma- 
leidie,  John  Forbes  of  Petnacaddell,  George  Ogilvie  of  Carnowseis,  James  Ogilvie  of 
Auchleuchreis  and  Robert  Ogilvie,  burgess  of  Banff,  son  of  Sir  George  Ogilvie  of 
Dunlugas,  knight.  It  would  rather  appear  that  none  of  these  attended.  The  Curators 
chosen  were  William  Craig  in  Tarves  and  Patrick  Forbes  in  Thainstoune,  who,  being 
present,  accepted  office  and  became  cautioners  for  each  other. 

Curatory.  Cristiane  Cheyne,  only  bairne  and  lawful  dochter  to  the  late  Mr. 
Francis  Cheyne  sometime  of  Craigie.  The  next  of  kin  called  were  Mr.  John  Cheyne 
of  Arnage,  Thomas  Cheyne  of  Ranestoune,  Andrew  Meldrum  of  Tillicairne  and  Patrick 
Meldrum  of  Frosterhill.  The  Curators  chosen  were  Andrew  Meldrum  of  Tillicairne 
and  William  Craig  in  Tarvxs,  who  accepted  office  and  became  cautioners  for  each  other. 
1618. 

Jany.  14.  Nature  of  Action  not  disclosed.     Wm.  Ramsay  in  Meanie  v.  Alexr.   Sangster  in 

Watrichmuir.     In  the  absence  of  the  Defender  the  Pursuer's  petition  was  admitted  to 
his  probation. 

Decree  in  Supplement.  Alexr.  Lyoune  of  Brakay  v,  John  Stewart  sometime 
at  the  Mylne  of  Glascha.  Defender  absent.  The  Pursuer's  petition  admitted  to  his 
probation.  A  subsequent  entry  at  same  court  bears  that  the  Pursuer  produced  an  act 
of  a  court  held  in  the  house  of  Wm.  Watt  in  Middiltoune  on  22  March,  1617,  in  proof 
of  his  claim.  Decree  passed  for  ^45  13/4. 

Nature  of  Actions  not  disclosed.  Wm.  Forbes  of  Kynmundie  v.  James  Gray  in 
Kynmundie,  Duncan  Blakhall  in  Clerkseit  and  Wm.  Davidsone  in  Crabistoun.  De- 
fences to  be  lodged  on  January  21,  but  no  entry  found  after  n  February. 

Alexander  Scherar  at  the  Scotis  Mylne  v.  Duncan  Forbes  of  Bithnie,  Elspet  Forbes, 
his  wife,  and  John  Cleriche  there.  Defences  to  be  lodged  on  January  21.  No  entry 
found  after  18  February. 

Decree  for  Damages.  Master  and  Servant.  Mr.  Robert  Bisset,  Fiar  of 
Lessindrum  v.  Gilbert  Robertsone,  sometime  in  Cultis,  then  in  Gulburne.  This  is  the 
first  case  of  the  kind  which  has  been  found.  The  Defender,  who  had  engaged  to  serve 
the  Pursuer  from  Whitsunday  to  Martinmas,  1617,  but  failed  to  enter  his  service,  was 
ordained  to  pay  the  Pursuer  ^10  with  13/4  of  expenses. 

21.  Action  of  Relief.     James  Ridlar  in  the  Mains  of  Echt  v.  Arthur  Forbes  of  Boig. 
\Supra  p.  227].      The  Pursuer  produced  for  instructing  his  case  the  principal  process 
at  the  instance  of  Wm.  Leslie  of  Warthill  against  him.     In  absence  of  the  Defender 
the  Pursuer  was  allowed  a  proof  of  his  libel. 

228 


Decree  Books:   Vol.  H,  Contents 


1618. 

Jany.  21.  Nature  of  Action  not  disclosed.     Bartholl  Youngsone  in  Nether  Dyce  and  William 

Scherar  there  v.  Thomas  Scherar  in  Nether  Dyce  and  Alexr.  Watsone  there.  In 
absence  of  the  Defender  the  libel  was  admitted  to  the  Pursuer's  probation. 

Feby.    4.  Continuation  of  Court.     The  Sheriff  Depute,  with  consent  of  the  Procurators, 

continued  all  the  cases  until  next  day. 

5.  Nature  of  Actions  not  disclosed.    John  Vilsone  in  Kynmundie  v.  Andrew  Smyth  in 

Liddauche.  Action  wakened  and  February  1 1  assigned  for  lodging  eiks  to  defences. 
This  was  not  done  and  the  term  was  then  circumduced. 

John  Vilsone  in  Kynmundie  v.  Patrick  Forbes  in  Fynnersie.  Action  wakened  and 
interlocutor  to  be  pronounced  on  1 1  February,  but  this  is  the  only  entry. 

Thomas  Sinclair  in  Kynnadie  v.  Alexr.  Bowman  in  Meikill  Elrick,  Wm.  Wilsone 
there  and  Andrew  Kid  there.  Defences  to  be  lodged  on  February  II,  but  this  is  the 
only  entry. 

Decree  in  Supplement.  John  Galloway  in  Liddauche  v.  Gilbert  Galloway  in 
Eister  Carnie.  This  was  a  decree  "  in  supplementiirn  justitiae  "  of  a  decree  of  the 
Court  of  "  the  Barronie  of  Skene  and  Kintoir  hauldin  within  the  cutter  chalmer  of  the 
said  Johne  Galloway  "  on  19  July,  1616,  whereby  the  Defender  was  decerned  on  his 
own  confession  to  pay  to  the  Pursuer  50  merks  for  the  price  of  "  ane  horss  coft  and 
receawit."  The  cost  of  the  extract  of  the  Barony  Court  was  6/8  and  the  expenses  of 
process  4O/-. 

Nature  of  Actions  not  disclosed.  John  Hunter,  burgess  of  Abd.  v.  John 
Strathauchin,  Merchand,  there.  Defences  to  be  lodged  on  February  n,  but  after 
appearing  once  or  twice  the  case  dropped  from  the  roll. 

II.  John  Fraser  of  Sklaitie  v.  Alexr.  Walker  in  Milnehill,  John  Hendersone  there, 

John  Lang  in  Greinburne,  Wm.  Name  in  Sklaitie,  Archibald  Smyth  there  and  David 
Barnet  in  Waigley.  The  Defenders  being  all  absent  the  summons  was  admitted  to  the 
Pursuer's  probation. 

John  Bruce  at  Meikill  Mylne  of  Essilmont  v.  Andrew  Ross  in  Fechill.  In  absence 
of  the  Defender  the  summons  was  admitted  to  the  Pursuer's  probation. 

Action  for  Breach  of  Arrestment.  Mr.  Wm.  Barclay,  Procurator  Fiscal,  and 
Mr.  Alexr.  Irvine,  Advocate  for  his  interest  v.  Alexander  Hervie  in  Auld  Abd.  An 
arrestment  was  produced  with  the  summons  and  18  February  assigned  for  lodging 
defences.  No  farther  entry  found. 

Decree  for  Rent.  James  Walker  in  Peterheid  v.  George  Gardyne  in  Ard- 
mauchar.  Decree  passed  against  Defender  for  the  balance  of  the  rent  of  his  occupation, 
the  amount  being  3  bolls  I  firlot  of  "  ferme  meill "  at  8  merks  6sh  8d  per  boll  and  I 
boll  oats  "small  come"  at  5  merks  per  boll  according  to  the  "  feir  of  the  year 
lybellit  "  with  13/4  of  expenses. 

229 


Aberdeenshire  Sheriff  Court: 

1618. 

Feby.  n.  Decree  for  Price  of  Corn.     James  Leyth  in  Wattertoun  v.  David  Andersone 

alias  Walker  in  Mylnehill,  Alexr.  Andersone,  alias  Walker  there,  John  Hendersone 
there,  John  Chalmcr  there,  Patrick  Fraser  in  Strukenheavin,  WTm.  Chalmer  in  Watter- 
toune,  Wm.  Reid  at  the  Mylne  of  Wattertoune,  James  Aikin  in  Glen  and  James 
Scherar  there.  Decree  in  absence  passed  against  these  nine  Defenders  individually 
for  separate  claims,  for  the  price  of  small  quantities  of  corn,  with  3/4  of  expenses 
against  each  Defender.  The  corn  was  of  the  crops  1616  and  1617.  The  terms 
"  pryce  corne"  and  "  calf  corne  "  are  used  here  and  elsewhere  apparently  to  indicate 
different  kinds  of  corn. 

Decree  for  Price  of  Corn.  Alexander  Mackie  in  Wattertoun  z>.  the  same 
Defenders  as  in  preceding  case.  In  this  case  all  the  Defenders  were  examined  on  oath, 
except  Alex.  Andersone  and  Fraser,  and  were  ordained  to  pay  the  sums  admitted  by 
them,  but  no  mention  is  made  of  expenses.  Fraser  appeared  on  18  February  and 
deponed,  where  the  decree  was  for  the  amount  admitted  also  without  expenses. 
Against  Alexr.  Anderson  there  was  decree  in  absence  on  that  day. 

18.  Nature  of  Actions  not  disclosed.     John  Leslie  of  Fetcapill  v.  Ronald  Cheyne  in 

Ardieharrauld.  Replies  lodged.  Interlocutor  to  be  pronounced  on  February  25.  The 
term  for  lodging  eiks  was  circumduced  on  4  March. 

The  Procurator  Fiscal  and  Mr.  Alexr.  Irvine,  Advocate,  for  his  interest  v.  James 
Andersone,  alias  Walker,  in  Setoune.  Defences  lodged.  Replies  ordered  on  February 
25.  The  last  mention  of  the  case  is  on  18  March. 

John  Arthour  in  Mownie  v.  Wm.  Pantoune  in  Langlandwallis.  Defences  lodged. 
Replies  ordered  on  February  25.  No  entry  after  4  March. 

Decree  for  Price  of  Corn.  Thomas  Davidsone  in  Eister  Disblair  v.  Andrew 
Davidsone  in  Middill  Disblair.  I  boll  "calf  corne"  and  I  boll  "  pryce  corne"  crop 
1615  with  13/4  of  expenses. 

Nature  of  Action  not  disclosed.  James  Leyth  in  Wattertoun  v.  James  Andersone, 
alias  Walker,  in  Setoune.  February  25  assigned  for  defences,  but  unfortunately  a  page 
or  two  are  missing  and  this  and  some  other  cases  do  not  appear  again. 

Decree  for  Price  of  Corn.  James  Andersone,  alias  Walker,  in  Setoune  v. 
Wm.  Watt,  Wobster  in  Wattertoune  and  Janet  Suentoun  there.  Small  quantities  of 
corn  crops  1614-15-16  and  17. 

25.  Action  of  Spuilzie.     William  Elmslie  in  Pettoucheis  v.  John  Reid  in  Annagat- 

hill,  Duncan  Robertsone  in  Cornabo,  Alexr.  Andersone  in  Pettindreiche  and  Robert 
Cuschnie  in  Lytill  Abercatie.  March  4  assigned  for  defences.  End  of  the  case  not 
reached  in  this  volume. 

March  4.  Nature  of  Action  not  disclosed.       Patrick  Stewin  in  Meikill  Clyntertie  v.  John 

Tellie  in  Bishopisclintertie  and  John  Chalmer  there.  March  1 1  assigned  for  defences. 
On  that  day  there  was  a  cross  action  on  the  roll  at  the  instance  of  Tellie  against  Stewin. 

230 


Decree  Books:  Vol.  IL,  Contents 

1618. 

March  4.  Decree  for  Price  of  a  Cow,  etc.     Richard  Smyth,  Flescher,  burgess  of  Abd. 

v.  George  Walker,  Wobscer,  in  Ferriehill.  Decree  passed  for  4  merks  balance  of  the 
price  of  "  ane  kow  "  and  7  merks  which  the  Pursuer  as  cautioner  for  the  Defender  had 
to  pay  to  Thomas  Cheyne  of  Ranestoun,  with  13/4  of  expenses. 

II.  Nature  of  Actions  not  disclosed.     Gilbert  Davidsone  in  Quhythill  v.  David  and 

James  Robertsone  in  Percok  and  Alexr.  Walker  in  Deir.  A  diet  of  proof.  A  decree 
and  arrestment  with  the  executions  were  produced  as  evidence  and  proof  renounced. 

18.  James  Ross  in  Abd.  v.  David  Lindsay,  Tincklar,  in  Abd.,  and  John  Gardyne, 

messenger.     Defences  produced. 

Decree  of  Removing.  John  Leslie  of  Wardes  v.  John  Andersone  in  Landends 
of  Meikill  Durnocht.  The  Defender  appeared  and  consented  to  remove,  to  which  the 
Sheriff  Depute  interponed  his  authority. 

Decree  of  Removing.  John  Forbes  of  Petsligo  v.  Barbara  Findlay,  widow  of 
Alexr.  Gill,  at  the  Mylne  of  Auchlyne  and  Robert  Gill,  his  son.  The  Defenders  were 
ordained  to  remove  from  Mill  and  Mill  Lands  of  Auchlyne  and  Mill  and  Mill  Lands  of 
Petsligo.  An  act  of  renunciation  dated  13  March  current  was  produced  by  the  De- 
fenders' Procurator,  under  the  hand  of  Mr.  Patrick  Chalmer,  Notary  Public,  to  which 
the  Sheriff  Depute  inlerponed  his  authority. 

Nature  of  Action  not  disclosed.  John  Gordone  of  Petlurge  v.  George  Siwewricht 
in  Botarie.  Defender  absent.  Libel  admitted  to  Pursuer's  probation. 

Action  of  Damages.  Killing  a  Mare.  Absolvitor.  John  Andersone  in 
Kintoir  v.  William  Mackie  in  Tofthillis.  The  Pursuer  claimed  from  the  Defender  20 
merks  as  the  "  pryce  of  ane  meir  alledgit  stikit.  and  slaine  be  the  said  Defendar  with 
ane  come  fow  [corn  fork  or  pitchfork]  in  April,  1616.  On  a  reference  to  his  oath  the 
Defender  deponed  that  the  contents  of  the  petition  "  was  nawayes  of  trcuthe  nor 
veritie,"  and  he  was  assoilzed. 

Decree  of  Removing.  Desertion  of  Holding.  Alexr.  Lyoune  of  Brakay  v. 
John  Farquhar  in  Birks  of  Tillifour.  The  Defender  had  a  five  years  lease  from  Whit- 
sunday, 1615,  but  had  deserted  the  possession  and  this  decree  was  necessary  for  the 
landlord's  security  before  dealing  with  the  subject. 


231 


Illustrative  Examples  taken  from  VoL  II.  of  Decree  Books, 

A  Bride's  Tocher 

(12  Febry  1617) 

The  said  day  in  the  Actione  and  Caus  persewit  be  Williame  Touche 
in  Findlatrie  and  Elspet  Forbes  his  spous  agains  James  Forbes  in  Ardlar 
Compeirit  Mr  James  Irving  procuratour  for  the  persewaris  and  producit 
ane  sumondis  dewlie  execute  and  indorsit  to  this  day  agains  the  said 
defender  to  sueir  and  depon  upone  the  contends  [of]  ane  lybellit 
sumondis  referrit  to  his  aithe  be  the  persewaris  with  certificatione  pro 
confesso  Quhilk  James  Forbes  being  oft  tymes  callit  and  nocht  com- 
peirand  lauchfull  tyme  of  day  being  biddin  The  said  Mr  James  Irving 
procuratour  for  the  persewaris  protestit  according  to  the  sumondis  that 
the  lybell  sould  be  hauldin  as  confessit  specialie  concerning  the  payment 
of  the  sowme  of  Tua  hundreth  merkis  usuall  monie  of  this  rcalme  quhilk 
the  said  defender  promeisit  to  pay  to  the  said  William  Touche  in  dott 
and  tocher  with  the  said  Elspet  Forbes  his  spous  in  the  moneth  of  July 
or  thairby  im  sex  hundrethe  and  threttein  yeiris  and  the  payment  and 
delyurie  of  thrie  yeowis  left  be  the  said  Elspet  the  tyme  of  the  matrimonie 
in  the  possessione  of  the  said  James  her  father  pryce  of  the  peice  fourtie 
thrie  sh  four  penneis  as  in  the  said  lybell  at  mair  lenthe  is  contenit  and 
past  fra  the  haill  remanent  contentis  of  the  said  lybell  concerning  the 
profeits  of  the  said  principall  sowme  of  Tua  hundrethe  merks  and  ex- 
crescent profeitis  of  the  saidis  thrie  yeowis  quhilk  protestatione  the 
Shref  depute  admittit  and  decernit  and  ordainit  the  said  James  Forbes 
to  pay  and  delyuer  to  the  said  Williame  Touche  and  Elspet  Forbes  his 
spous  the  said  sowme  of  Tua  hundrethe  merkis  dott  and  tocher  togidder 
with  the  sowme  of  fourtie  thrie  sh  iiijd  for  ilk  piece  of  the  saidis  thrie 
yeowis  and  tuentie  sh  for  expensis  of  pley  [&c.,  &c.] 


Value  of  Glass  Windows 

(26  March  1617) 

The  said  day  in  the  actione  and  caus  persewit  be  Alexander 
Mowtray  in  Auld  Abd  assignay  lauchfullie  constitut  be  Robert  Skeine 
burges  of  Abd  agains  Williame  Galloway  Cordoner  in  Abd  for  the 

212 


Decree  Books:  Vol.  IL,  Illustrative  Examples 

wrangous  violent  internetting  with  tua  glassin  vindowis  of  new  compass 
wark  contening  fourtie  four  futtis  of  new  glas  pryce  of  the  fute  sex  sh 
viijd  in  the  moneth  of  Julij  last  by  past  im  sex  hundrethe  and  sextein 
yeiris  the  saidis  vindowis  than  pertaining  to  the  said  Robert  and  was  in 
his  possessione  dyuers  weikis  and  dayes  abefoir  the  defenderis  wrangous 
intromissione  thairwith  aboue  writtin  quhairthrow  the  said  Complener  is 
damnifeit  in  the  sowme  of  twenty  four  merkis  by  and  attour  the  pryce  of 
the  saidis  vindowis  be  the  said  defenderis  lang  detentione  thairof  and 
thairfoir  the  said  defender  to  be  decernit  to  pay  and  delyuer  to  the  said 
persewar  the  sowme  of  sex  sh  viijd  for  ilk  fute  of  the  saidis  fourtie  four 
futes  of  new  glasin  windowis  togidder  with  the  said  sowme  of  tuentie 
four  merkis  for  the  persewaris  domage  throw  want  thairof  as  lyikvvayes 
to  pay  to  the  said  persewar  as  assignay  foirsaid  the  sowme  of  four  pundis 
for  penting  of  the  defenderis  storme  windowis  and  peit  steam's  of  his 
hous  conforme  to  the  valour  of  the  oylis  and  warkmanschip  in  perform- 
ing thairof  as  in  the  lybellit  sumondis  raisit  thairanent  at  mair  lenth  is 
contenit  Compeirit  Mr  James  Irving  procuratour  for  the  persewar  and 

producit  ane  sumondis the  Shref  deput  foirsaid  haueing 

hard  sein  and  considerit  the  haill  proces  productis  and  depositiones  of 
dyuers  famous  witnessis  producit  admittit  and  suorne  in  the  said  caus 
fand  and  pronuncit  that  the  said  defender  haid  done  wrang  in  the 
wrangous  and  violent  intrometting  with  the  saidis  tua  glasin  windowis  of 
new  compas  wark  conteining  fourtie  four  futtis  of  new  glass  pryce  of  the 
fute  sex  schilling  and  threttie  thrie  sh  iiijd  for  the  penting  and  culloring 
of  the  defenderis  [?  pursuer's]  windowis  and  utheris  as  is  lybellit  and 
thairfoir  decernis  the  said  defender  to  delyuer  to  the  said  persewar  tua 
sufficient  new  glassin  windowis  of  new  glass  of  compas  wark  of  fourtie 
four  futes  pryce  of  the  fute  sex  schillingis  or  then  to  pay  to  the  said 
persewar  the  said  sowme  of  sex  schillingis  for  ilk  fute  of  the  saidis  fourtie 
four  futes  with  threttie  thrie  sh  iiijd  for  penting  and  culloring  as  said  is 
togidder  with  the  sowme  of  tuentie  sex  sh  viijd  for  expensis  of  pley  maid 
in  pcrsute  of  the  said  caus  and  absoluit  the  said  defender  fra  the  haill 
remanent  contends  of  the  persewaris  lybell  [&c.,  &c.] 


Pig-sticking  in  Strathdon 

(2  July  1617) 

The  said  day  in  the  actione  and  caus  persewit  be  Allaster  Andersone 
in  Rippachie  agains  Duncane  Name  in  Knoksoull  James  Makmay  in 
Kinnadie  John  Lowrance  in  Cottertoune  of  Pettalachie  Duncane  Smyth 
in  Knoksoull  Johne  Ker  elder  and  younger  thair  Thomas  Makmei 
thair  and  Alexr  Cuik  thair  touching  the  persewaris  lybell  desyring  the 

GG  233 


Aberdeenshirc  Sheriff  Court: 

saids  defenderis  to  heir  and  sie  thameselfs  decernit  to  haue  done  wrang 
in  the  wrangous  slaying  and  stiking  of  tua  suyne  and  ane  sow  in  the 
monethe  of  August  in  the  yeir  of  God  im  sex  hundrethe  and  sextein 
yeiris  pertening  to  the  said  Allaster  and  in  his  possessione  upone  the 
grund  and  landis  of  Rippachie  be  feiding  and  pasturing  of  the  said  suyne 
he  being  in  peicabill  possessione  thairof  as  said  is  as  his  awin  proper 
suyne  sua  reput  and  hauldin  and  thairfoir  the  saidis  persones  to  heir  and 
sie  thamselfis  decernit  to  pay  and  delyuer  for  the  said  tua  suyne  and  ane 
sow  the  sowme  of  ten  pundis  for  the  pryce  of  ilk  suyne  owerheid  togidder 
with  the  excrescent  profeitis  of  the  said  sow  extending  to  thrie  litteris 
in  the  yeir  extending  ilk  litter  to  auchtein  gryses  pryce  of  the  peice  of 
ilk  gryse  xiij  sh  iiijd  as  in  the  lybellit  sumondis  raisit  thairancnt  at  mair 
lenthe  is  contenit  Compeirit  Mr  Williame  Ray  and  Mr  George  Ander- 
sone  procuratours  for  the  persewar  and  producit  ane  sumondis  devvlie 
execute  and  indorsit  to  this  day  agains  the  saidis  defenderis  to  sueir  and 
depone  upone  the  contends  of  the  said  lybellit  sumondis  referrit  to  thair 
aithes  be  the  said  Allaster  with  certificatione  pro  confesso  and  according 
protestit  the  said  mater  sould  be  hauldin  as  confessit  The  Shref  deput 
foirsaid  haueving  hard  sein  and  considderit  the  haill  process  and  being 
ryplie  and  at  lenthe  advysit  thairwith  Decernis  the  saidis  defenderis  with 
consent  of  the  said  persewar  to  pay  and  delyuer  to  him  the  sowme  of 
ten  merks  for  ilk  ane  of  the  said  suyne  and  ten  merkis  for  the  said  sow 
with  the  sowme  of  fourtie  schillingis  for  expensis  of  pley  maid  in  persute 
of  the  said  caus  and  absoluis  the  saidis  defenderis  fra  the  haill  remanent 
contends  of  the  said  perscwaris  lybell  [&c.,  &c.] 


Master  and  Servant.    Breach  of  Engagement 

(14  Jany  1618) 

The  said  day  Gilbert  Robsone  sumtyme  in  Cultis  and  now  in  Gul- 
burne  was  decernit  in  penam  contumaciae  being  sumondit  to  this  day 
with  certificatione  pro  confesso  and  compeirit  nocht  being  oft  tymes 
callit  lauchfull  time  of  day  bicldin  To  pay  and  delyuer  to  Mr  Robert 
Bisset  fiar  of  Lessindrum  the  sowme  of  ten  punds  for  his  seruice  fra 
Witsonday  im  sex  hundrethe  and  sewintein  to  Martimes  thaireftir  becaus 
he  promeisit  faithfullie  to  haue  enterit  to  the  said  persewaris  seruice  at 
the  tyme  foirsaid  and  did  nocht  with  the  sowme  of  threttein  sh  iiijd  for 
expensis  of  pley  [&c.,  &c.] 


234 


Decree  Books:  Vol.  IL,  Illustrative  Examples 

Decree  in  Supplement.    Price  of  a  Horse 

(5  Feby  1618) 

The  said  day  in  the  term  assignit  to  pronounce  interloquitor  in  the 
actioune  and  caus  persewit  be  Johne  Galloway  in  Liddache  agains 
Gilbert  Galloway  in  Eister  Carnie  compeirit  Mr  Alexander  Irving  pro- 
curatour  for  the  said  persewar  and  desyrit  the  said  Interloquitor  to  be 
pronuncit  The  Shref  deput  foirsaid  haueing  hard  sein  and  considderit 
the  persewars  lybell  defendars  defensis  and  eiks  ansueris  and  replyis 
maid  thairto  for  the  pairt  of  the  said  persewar  and  being  replie  and  at 
lenthe  advysit  thairwith  Rcpellit  the  haill  defensis  and  eiks  proponit  for 
the  pairt  of  the  said  defendar  and  in  supplimentum  justiciae  Interponit 
his  auctoritie  in  and  to  ane  Act  of  Court  of  the  Barronie  of  Skeine  and 
Kintoir  hauldin  within  the  outter  chalmer  of  the  said  Johnc  Galloway 
the  nyntein  day  of  July  im  sex  hundrethe  and  sextein  yeiris  quhair  the 
said  Gilbert  was  decernit  of  his  awin  confessionne  to  pay  to  the  said 
persewar  the  sowme  of  feftie  merkis  usuall  monie  of  this  realme  for  the 
pryce  of  ane  horss  coft  and  receawit  be  the  said  Gilbert  fra  the  said 
persewar  with  sex  sh  viijd  for  the  extract  of  the  said  act  [&c.,  &c.] 


235 


The  Minute  Books  of  Judicial  Enactments 
Vol.  III.,  J6J9-28 

As  will  be  seen  from  the  first  date,  a  gap  occurs  of  more  than  five 
years  between  this  book  and  Vol.  II.  of  the  same  series.  It  may  be 
assumed,  therefore,  that  one  volume  has  been  lost.  The  first  date  is 
2  Octr.,  1619,  and  the  last  24  May,  1628. 

The  book  consists  of  338  pages,  and  has  the  appearance  of  being 
pretty  nearly  complete,  although  leaves  are  occasionally  missing.  In 
the  first  book  of  the  series,  such  entries  as  Ratifications  and  Renuncia- 
tions by  women,  bore  a  very  small  proportion  indeed  to  the  Acts  of 
Caution  for  Loosing  of  Arrestments,  and  acts  of  a  similar  character. 
In  the  second  book,  and  in  this  one  the  disproportion  is  not  nearly  so 
marked,  there  being  a  decided  increase  in  the  number  of  entries  of  the 
former  class.  On  the  other  hand,  the  Acts  of  Caution  in  connection 
with  accusations  of  crime,  which  disappear  altogether  in  the  next  two 
volumes  of  the  series  bear  a  smaller  proportion  to  the  whole,  than  in  the 
preceding  books. 

The  frequency  of  the  occurrence  of  the  names  Gordon  and  Forbes 
in  this  volume  is  probably  more  marked  than  in  any  of  the  others. 


236 


Table  of  Contents  of  Vol.  ffl.  of  Minute  Books  of 
Judicial  Enactments 

1619. 

Octr.     2.  Loosings   of  Arrestments.      George   Leslie   of  Kincraigie   v.  John   Clerk   in 

Kirktoune  of  Touche  and  Thomas  Blair  there.     Cautioner  Wm.  Forbes  of  Tillikerrie. 

6.  Duncan  Forbes  of  Bythe  v.  Andrew  Fearnie  in  Quhytsteanis  of  Feddret.     Cautioner 

James  Ross,  Notary  Public,   burgess  of  Abd.      Crop  and  peats  within  the  alleged 
bounds  of  the  lands  of  Gulleis. 

8.  Assault — Blood-drawing.      The  Procurator   Fiscal   Mr.  William  Barclay,  and 

Thomas  Greig  in  Chappeltoun  of  Essilmont  v.  George  Dovertie  there.      Cautioner 
John  Johnestoun  in  Inglistoun. 

14.  Assault — Blood-drawing.     The  Procurator  Fiscal  and  the  said  George  Dovertie 
v,  the  said  Thomas  Greig.     Cautioner  George  Bruce,  Saidler,  burgess  of  Abd. 

15.  Loosings  of  Arrestments.     George  Meldrum  of  Haltoune  v.  James  Hay  in 
Muirriefauld.     Cautioner  John  Forbes  of  Baddintuir. 

21.  John  Leyth  of  Montgarrie  v.  George  and  Henry  Andersone  in  Clatt.     Cautioner 

Wm.  Andersone  in  Courtestoune. 

23.  Thomas  Burnet  of  Camphell  v.  Alexr.  Gourley  in  .     Cautioner  Duncan 

Forbes  of  Balnagask. 

Novr.    5.  John  Fraser  in  Petnacaddell  and  Adam  Frascr  in  Coignzeak  v.  Nicoll  Baxter  in 

Creichie.     Cautioner  Wm.  Fywie  in  Auchtilair. 

6.  Patrick    Leyth,    elder,    of    Licklieheid    v.    Duncan    Hepburne    in   Auchlewine. 

Cautioner  Wm.  Freman  at  the  "  Bridg  of  Die." 

IO.  George  Gordoune  of  Terpersie  v.  Wm.  Couper  at  the  Mylne  of  Cabray.     Cautioners 

George  Scherar  in  Haddoche  and  Gilbert  Chrystie  in  Litill  Braklay  in  Cabray.     180 
merks  in  the  hands  of  John  Blak  in  Crannaboig. 

John  Mylne  of  Tillibralen  v.  Patrick  Gordoun,  younger,  in  Fuilziemont.  Cautioner 
John  Mylne  in  Auld  Auchindoir.  ^600  in  the  hands  of  John  Gordoun  of  Craig  of 
Auchindoir. 

12.  Mr.  Walter  Forbes  of  Auchmalidie  v.  John  Youngsone  there.     Cautioner  John 

Urquhart,  occupier  of  two  ploughs  of  Meikill  Allathine. 

237 


Aberdeenshire  Sheriff  Court: 

1619. 

Novr.  12.  Loosing  of  Arrestment.     Margaret  Lidclell,  wife  of  John  Mitchell,  elder,  Malt- 

man,  burgess  of  Abd.  v.  John  Mitchell,  younger,  his  son.  Cautioner  the  said  John 
Mitchell,  elder,  There  were  special  arrestments  in  the  hands  of  Mr.  Alexr.  Jaffray, 
James  Ray,  Mr.  Robert  Farquhar,  William  Laing,  burgesses,  and  of  their  wives. 
Also  in  the  hands  of  Patrick  Laing  and  Richard  Rutherfuird,  burgesses,  and  Margaret 
Collinsone,  widow  of  Walter  Collinsone,  burgess. 

Renunciation  and  Discharge.  Marjory  Forbes,  wid  >w  of  William  Gareauche 
of  Kinstair,  renounced  her  rights  in  the  shadow  plough  of  the  east  half  of  Kinstair  in 
favor  of  her  son,  Wm.  Abercrombie  of  Kemmalls.  Two  notaries— one  being  the 
Sheriff  Clerk — subscribed  for  the  lady. 

Loosings  of  Arrestments.  John  Forbes  of  Leslie  v.  Mr.  Robert  Irvine,  Minister 
at  Premnay.  Cautioner  Gilbert  Forbes,  second  lawful  son  of  John  Forbes  of  Bairnis. 
An  arrestmcnt  had  been  used  in  the  hands  of  Mr.  Andrew  Logic,  Minister  at  Leslie. 

David  Syme,  Chamberlain  of  Slains  v.  Mr.  Samuel  Tullidaff,  son  of  Thomas 
TullidafF,  Minister  at  Fouerane.  Cautioner  Samuel  Meassone,  burgess  of  Abd.  ^186 
in  the  hands  of  Mr.  John  Mcrser,  Minister  at  Slains. 

Renunciation  and  Discharge.  The  subjects  here  redeemed  were  parts  of 
Petlurge  in  the  Regality  of  Spynie  and  County  of  Banff.  These  had  been  wadset  to 
Wm.  Smart  in  Li  till  Petlurge  for  300  merks  and  to  John  Smart  in  Achynnachie  for  600 
merks.  Mr.  Robert  Gordoun  of  Fechill,  as  assignee  to  the  Reversions,  now  paid  the 
money  and  the  lands  were  declared  redeemed  in  his  favor. 

Loosings  of  Arrestments.  John  Leslie,  Fiar  of  Balquhane  v.  Richard  Melving 
in  Owertoun  of  Fetterneir.  Cautioner  John  Gordoune  of  Kearthine. 

15.  Alexr.  Gray,  burgess  of  Abd.,  as  Curator  of  Knowis,  son  of  the   late 

Andrew  Knowis  v.  John  Smyth  in  Beildsyd.  Cautioner  Alexr.  Chalmer,  younger, 
burgess  of  Abd. 

[Some  pages  missing  here.] 
1620. 

Jany.  29.  Loosings  of  Arrestments.     Wm.   Ingrahame,  burgess  of  Abd.  v.  Adam  Quhyt 

in  Scotistoune.     Cautioner  Gilbert  Nuckoll  in  Pervines. 

Feby.    5.  Elspet  Moir,  daughter  of  the  late  Andrew  Moir  and  wife  of  Wm.  Wat  in  Momewlay 

v.  Marjory  Cassie,  widow  of  the  said  Andrew  Moir,  and  alleged  vitious  intromitter  with 
his  estate.  Cautioner  Thomas  Jamesone  in  Scotistoune,  whom  James  Cassie  off  [?  in] 
Quhytstrypis  bound  himself  to  relieve. 

21.  Jean  Blak,  widow  of  Wm.   Robertsone  in  Auchmacoy  v.  Gilbert  Robertsone  in 

Auchmacoy,  father  of  William  Robertsone  and  alleged  intromitter  with  his  estate. 
Cautioner  Thomas  Robertsone  at  the  Mylne  of  Furwie.  24  ells  of  "  linning  cloth"  in 
the  hands  of  John  Constable,  Wobster. 

23.  Horse-stealing   and    Reset.      The   Procurator   Fiscal   and   Sheriff  v.   George 

Stot,  elder  and  younger,  in  Scheiwes.  Cautioner  David  Symsone,  Saidler,  burgess  of 
Abd. 

238 


Judicial  Enactments:  Vol.  EL,  Contents 

1620. 

Feby.  24.  Loosings    of  Arrestments.      Robert   Forbes   of  Echt  v.   Thomas   Duncan  in 

Sillavethie.     Cautioner  Alexr.  Blair,  Tailzeour,  burgess  of  Abd. 

March  4.  Janet  Wod,  widow  of  John  Leslie  of  Kearthine  and  wife  of  John  Gordoun  of 

Kearthine  v.  Patrick  Wat,  George  Blak  and  Alexr.  Mearnes,  tenants  in  Netherton  of 
Knokinblewis.  Cautioner  John  Leslie,  Fiar  of  Balquhane. 

13.  Renunciation  and  Discharge.     Agnes  Gray,  wife  of  Thomas  Mowtray,  Fiar  of 

Clubisgowill,  renounced  her  rights  to  "  Lochehillis,  Loche  thairof  callit  the  Bischopis 
Loche,"  etc,  in  Sanct  Machar,  in  favor  of  Mr.  Robert  Irving  of  Moncoffer. 

21.  Loosings  of  Arrestments.     Thomas  Gordoune  in  Bellindorrie  v.  James  Morgine 
in  Bellintober.     Cautioner  John  Gardyne  in  Bellamoir. 

22.  Bessie  Findley,  widow  and  executrix  of  Andrew   Hendersone  v,  Wm.   Russell, 
burgess  of  Abd.     Cautioner  Mr.  Alexr.  Cullen,  Baillie,  burgess  of  Abd.      It  appears 
from  the  entry  that  Henderson's  "  Inland  close,  yard  and  pertinents  lyand  in  the  head 
of  the  Owerkirkgait  "  had  been  bought  for  350  merks,  which  was  in  the  hands  of  Alexr. 
Chalmer,  younger,  burgess  of  Abd. 

25.  Alexander  Leslie,  son  of  John  Leslie,  elder,  of  Balquhane,  as  assignee  of  Francis 

Leslie,  son-in-law  [stepson]  to  John  Gordoun  of  Kearthine  v.  the  said  John  Gordoun 
and  Wm.  Leslie,  also  his  son-in-law.  Cautioner  John  Fergussone,  burgess  of  Abd. 

April  12.  George  Edward  in  Bonietoune  v.  Patrick  Leith,  burgesss  of  Abd.,  son  of  Wm. 

Leith,  also  burgess  there.     Cautioner  Wm.  Leith,  the  father. 

13.  Assault — Blood-drawing.     The  Fiscal  and  Sheriff  and  Richard  Crag  in  Gilcom- 

stoun  and  Margaret  Walker,  his  wife  v.  John  Woid  there  and  Katherine  Mernis,  his 
wife,  John  Reid  there  and  Isobel  Mernis,  his  wife.  It  is  particularly  stated  that 
Margaret  Walker  received  "  ane  gryt  straik  on  her  foirheid."  Cautioner  John  Troup 
in  Gilcomstoun. 

15.  Loosings  of  Arrestments.     Donald  Andersone  in  Kintoir  v.   Stewin  Mackie 

there.     Cautioner  Mr.  Wm.  Ray,  burgess  of  Abd. 

20.  Patrick   Dawidsone  and  Elspet  Dawidsone,  his  daughter  v.  Thomas  Dempster, 

Fleshour,  burgess  of  Abd.     Cautioner  David  Simsone,  burgess  there. 

22.  John  Bisset  in  Cranloche  v.  Alexr.  Fordyce  in  Knythismylne  [Knightsmill],  James 

Findley,  Andrew  Broun,  George  Murray,  Alexr.  Murray,  all  in  Creuchie,  Thomas 
Millar  and  Wm.  Barclay  in  Manes  of  Lessindrum,  Gavin  Reid,  George  Home,  Alexr. 
Meldrum,  John  Duncane  and  Robert  Barroun,  all  in  Leyis,  John  Shand,  Robert 
Hendrie,  George  Duncane,  George  Large  and  James  Reid  all  in  Lessindrum. 
Cautioner  George  Bisset  in  Lessindrum. 

28.  Manslaughter.     The  Procurator  Pascal  v.  James  Walker  at  Garlogie,  charged 

with  being  art  and  part  in  the  slaughter  of  Alexr.  Duncane  in  Litill  Finnersie. 
Cautioner  Wm.  Walker  at  the  Walk  Mylne  of  Garlogie. 

239 


Aberdeenshire  Sheriff  Court: 

1620. 

April  29.  Loosing   of   Arrestment.     Wm.  Forbes  of  Tolquhone  v.  Gilbert  Buchane  in 

Maynes  of  Watertoun.     Cautioner  Wm.  Buchane  in  Artrochie. 

May      4.  Assault  and  Mutilation.     The  Procurator  Fiscal  and  Alexr.  Tailzeour,  Cadger 

in  Inverurie  v.  Alexr.  Wobster  in  Porterstoun.  Cautioner  Gilbert  Johnes'.oun  of 
Frosterhill. 

6.  Illegal  Apprehension.     The  Procurator  Fiscal  v.  James  Watt  in  Nether  Glasco, 

Adam  Watt  in  Netherbigging  of  Auchquhortheis  and  Patrick  Watt  in  Nethertoun  of 
Knokinblewis.  Cautioner  John  Leslie,  Fiar  of  Balquhane.  The  charge  was  "  the 
alledgit  taking  and  apprehending  of  Thomas  Name,  sone  to  Wa.  Name  in  Kintoir." 

22.  Loosings  of  Arrestments.     Walter  Walker  in  Arneheid  v.  David  Peirie  there. 
Cautioner  Wm.  Watt,  Notary  Public  in  Auld  Abd. 

23.  Mr.  Alexander  Gordoune,  Minister  of  Glenmuik  v.  Mr.  John  Leslie,  Minister  at 
"the  Kirkis  of  Tulliche,  Glenmuk  &  Glengairdyne."     Cautioner  Edward  Crukschank 
in  Auld  Abd.     The  teinds  and  vicarages  of  the  three  parishes  had  been  inter  alia 
arrested. 

24.  John  Leyth  of  Newtoune  v.  Wm.  Smyth  in  Kearriemuir.     Cautioner  John  Leslie, 
portioner  of  Buchanstoun. 

25.  Mr.  Patrick  Andersone  of  Mylntoun  of  Nothe  v.  George  Bruce  there.     Cautioner 
George  Scot,  burgess  of  Abd.     In  this  case  the  buildings  on  Scot's  occupation  had  been 
arrested. 

26.  Dame  Margaret  Banerman,  "  Ladie  Ludquharne,"  and  Sir  Wm.  Keyth  of  Balmuir, 
Knight,  her  husband  v.  Thomas  Reythe  in  Kellie.     Cautioner  Alexr.  Birnie  in  Ower- 
hill  of  Kellie. 

29.  James  Reid  of  New  Mylne  v.  Wm.  Lyas  in  Lylill  Mylne.     Cautioner  Mr.  James 

Elphingstoune  of  Bairnes.     Here  the  buildings  had  been  arrested. 

June      i.  John  Keyth  of  Carnetralzeane  v.  David  Bisset,  son  of  Arthur  Bisset  in  Pettichie, 

who  was  cautioner  for  his  son. 

James  Baird  in  Fotterletter  v.  Marion  Thomsone,  widow  of  Alexr.  Baird,  some- 
time in  Fotterletter.  Cautioner  Robert  Hail,  burgess  of  Abd.,  whom  Henry  Hutcheon 
in  Fotterletter  bound  himself  to  relieve. 

Hectour  Abircrombie  of  Wasthall  v.  John  Crombie  at  the  Mylne  of  Wasthall. 
Cautioner  Andrew  Johnestoune,  Meassone,  burgess  of  Abd. 

Alexr.  Leslie,  son  of  John  Leslie,  elder,  of  Balquhane  v.  the  said  John  Crombie. 
Cautioner  the  said  Andrew  Johnestoune. 

2.  Renunciation  and  Discharge.     Euphane  Hay,  wife  of  John  Fraser,  formerly  of 

Creichie  then  of  Ardmacher,  renounced  her  rights  in  Creichie  in  favor  of  John  Walker, 
gon  of  James  Walker  in  Peterheid  and  Margaret  Keyth,  his  wife. 

240 


Judicial  Enactments :  Vol.  EL,  Contents 

1620. 

June     3.  Renunciation   and    Discharge.     Isobel  Forbes,  wife   of  Patrick  Gordoune  of 

Fuilziemont,  renounced  her  rights  in  these  lands  in  favor  of  John  Gordoune,  Fiar  of 
Craige.  This  she  did  in  fulfilment  of  a  contract  made  between  Gordoune  of  Craig  as 
principal  and  Patrick  Barclay,  Fiar  of  Tollie,  and  George  Barclay  of  Auchridie  as 
cautioners  on  the  one  part,  and  her  husband  and  herself  as  principals  and  Sir  Alexr. 
Gordoun  of  Cluny  and  John  Leslie  of  Wardes  as  cautioners,  on  the  other  part,  for  the 
redemption  of  the  said  lands  of  Fuilziemont. 

5.  Loosings  of  Arrestments.      William  and  John  Leslie  in  v.   Bessie 
Leslie  and  Marie  Barclay,  her  husband,  in                      .     Cautioner  George  Barclay  of 
Auchridie. 

James  Leslie,  sometime  portioner  of  Comalegie  and  Beggishill  v.  Margaret  Lyone 
and  Normond  Irwing,  her  husband,  in  Beggishill.  Cautioner  Mr.  Robert  Bisset,  Fiar 
of  Lessindrum. 

Act  of  Delivery  of  Writs.  This  was  the  name  given  to  a  judicial  receipt  and 
discharge  granted  by  Wm.  Gordoune,  eldest  lawful  son  of  the  late  George  Gordoune, 
sometime  of  Chappeltoune,  and  Adam  Gordoune  of  Boighoill  in  favor  of  the  Sheriff 
Depute,  Sheriff  Clerk  as  the  custodier,  and  to  Mr.  Robert  Paip,  Advocate  in  Abd.,  as 
the  producer  of  a  "  banded  coffer  "  containing  the  title  deeds  of  Saphak  in  Fyvie  and 
other  documents.  The  writs  relating  to  Saphak  were  specially  mentioned,  and  they 
with  the  coffer  and  remaining  contents  were  handed  to  the  granters,  one  of  whom, 
Adam  Gordoune,  as  proprietor  of  the  lands,  had  raised  an  action  for  exhibition  and 
delivery. 

Destroying  Woods.  The  Procurator  Fiscal  and  John  Leyth  of  Ncwtoun  v. 
Patrick  Davidsone  in  Auchlevin.  Cautioner  Gilbert  Reid  of  Eddirlik.  This  was  a 
statutory  offence  very  severely  punishable.  The  charge  was  in  this  entry  expressed 
thus  "  peilling,  cutting  and  raiffing  of  Jon  Leyth  of  Newtoun  his  woods  bogis  and 
burnes." 

Renunciation  and  Discharge.  Bessie  Gordoune,  wife  of  George  Gordoune  in 
Kandokyll,  renounced  her  rights  in  Knok  and  DaKour,  with  salmon  fishing  on  the  Dee, 
in  the  parish  of  Glenmuck,  in  favor  of  Wm.  Gordoune,  apparent  of  Knokespock. 

6.  Loosing  of  Arrestment.     Patrick  Middiltoune  in  Birkinbrewll  v.  George  Rose 
(who  signs  Ross)  in  Tarland.     Cautioner  Alexr.  Strauchin  in  Lernie. 

Removing.  Andrew  Richie  renounced  as  at  Whitsunday  his  occupation  of  Fornat 
in  favor  of  Mr.  Robert  Irwing  of  Moncoffer,  the  principal  tacksman  of  the  lands. 

Loosings  of  Arrestments.  Stephen  Suaip  at  the  Chappell  of  Gareoche  v. 
Henry  Suaip,  lawful  son  of  the  late  Andrew  Suaip  in  Mylne  of  Petcapill.  Cautioner 
Patrick  Fouller  in  Drumnahethe. 

Janet  Gordoun,  widow  of  James  Crichtoune  of  Frendraucht  v.  John  Hendrie  and 
John  Thomsone,  both  in  Muirton.  Cautioner  Andrew  Meldrum  of  Muirs  of  Fywie. 

7.  James  Gardyne  of  Blakfurd  v.  John  Ardes  in  Bakiehill.     Cautioner  John  Cruik- 
schank  there. 

HH  241 


Aberdeenshire  Sheriff  Court: 

1620. 

June     8.  Removing.     George  Joip  (signing  Jope)  in  Cowllis  of  Coclarachie  renounced  his 

croft  in  favor  of  George  Gordoune  of  Coclarachie,  the  proprietor. 

Loosings  of  Arrestments.  Andrew  Gardyne  in  Birse  v.  Wm.  Burnet  in 
Strauchin.  Cautioner  John  Clerk,  Wobstcr,  burgess  of  Abd. 

Wm.  Forbes  of  Monimusk  v.  Duncan  Robertsone  and  his  subtenants  in  Carnabo. 
Cautioner  Mr.  James  Forbes  of  Hauchloune. 

Renunciation  and  Discharge.  Cristiane  Leslie,  wife  of  George  Leslie,  some- 
time of  Craig,  renounced  her  rights  in  the  lands  of  Auld  Craig  in  favor  of  John  Leslie 
of  Petcappill  and  Marjory  Cheyne,  his  wife,  etc. 

10.  Renunciation  and  Discharge.     John  Gordoune  of  Ardlogie  renounced  in  favor 

of  George  Leslie  of  Auld  Craig  and  of  John  Leslie  of  Petcappill,  his  assignee,  his 
rights  to  four  oxengait  of  Auld  Craig. 

Removing.  John  Meldrum  in  LiUill  Finnersie,  renounced  in  favor  of  Mr.  Robert 
Forbes,  Minister  of  Echt,  the  proprietor,  his  occupation  of  part  of  Littill  Finnersie. 

Loosings  of  Arrestments.  John  Leslie  of  Wardes  v.  John  Wilsone,  sometime 
in  Rothmurriell  then  in  Netherlik.  Cautioner  Wm.  Chirnesyd  in  Smallburne. 

12.  Alexr.  Birney  in  Fraserburgh  v.  Magnus  Fraser  there.     Cautioner  John  Brunchew, 

Merchand,  burgess  there. 

16.  John  Leyth,  apparent  of  Harthill  v.  John  Abircrombie  in  Auld  Raine.     Cautioner 
Wm.  Thomsone,  Notary  Public  in  Lentusche. 

17.  Marjory  George,  widow  of  James  Cruikschank  in  Auld  Abd.  and  Janet,  Alexr. 
and  Katherine,  their  children  v.  John  Cruikschank  in   Ililtoune.     Cautioner  Walter 
Cruikschank,  Cordoner  in  Auld  Abd. 

George  Pecok,  Appolhegar,  burgess  of  Abd.  v.  Thomas  Jamesone  in  Scotistoune, 
and  his  mother  and  brother.  Cautioner  Mr.  Wm.  Moir,  burgess  of  Abd.  Peats  in 
the  Moss  of  Scotistoune  had  been  arrested  by  Pecok,  as  proprietor  of  the  third  part  of 
the  lands,  moss,  etc. 

19.  Magnus  Fraser  in  Fraserburgh  v.   Alexr.    Birnie,    Merchand,  there.     Cautioner 

Robert  Keyth,  burgess  of  Abd. 

23.  Patrick  Chalmer  in  Sandend  v.  Agnes  Smythe,  widow  of  James  Muiresone,  some- 

time possessor  of  Rothnachie  and  Tirrituithell.     Cautioner  John  Russall,  portioner  of 
Litill  Cokla. 

July      I.  Manslaughter  and  Assault.     The  Procurator  Fiscal  and  Janet  Cassie,  widow  ot 

Alexr.  Moir  v,  Wm.  Moir  in  Wodland.     Cautioner  Thomas  Johnestoune  of  Kayis- 
mylne.     The  accused  was  said  to  have  killed  Alexr.  Moir  and  assaulted  Janet  Cassie. 

5.  Loosings  of  Arrestments.     Alexr.  Cuming  of  Culler  v.  James  Thome,  some- 

time in  Carnie  then  in  Feddie.     Cautioner  James  Gray  in  Eister  Kinmundie. 

242 


Judicial  Enactments :  Vol.  HL,  Contents 


1620. 

July    12.  Loosings    of   Arrestments.       Alexr.    Smythe   in    Elrik   v.   Wm.   Slorache  in 

Ouirhauche.     Cautioner  James  Smythe  in  Pooleie. 

Wm.  Gordoune  of  Abirzeldie  v.  Alexr.  Skeine  of  that  Ilk  and  his  tenants. 
Cautioner  John  Forbes,  apparent  of  Lethintie.  Peats  in  the  Hill  of  Fair. 

15.  Renunciation  and  Discharge.  Violet  Cheyne,  wife  of  Andrew  Meldrum  of 
Auchneif,  renounced  her  rights  in  Auchneif  and  others  in  favor  of  her  eldest  son,  John 
Meldrum,  and  Helen  Leslie,  his  future  wife. 

Loosings  of  Arrestments.  Alexr.  Skeine  of  that  Ilk  v.  Wm.  Gordoune  of 
Abirzeldie.  Cautioner  Patrick  Gordoune  in  Tulloche.  The  counterpart  of  Gordoune 
v.  Skeine  (Supra). 

19.  Robert  Thomsone  at  the  Ward  Mylne  of  Drum  v.  Alexr.  Fraser  in  Wastertoune  of 
Tillikarne.     Cautioner  Gilbert  Thomsone,  Wobster,  freeman  and  burgess  of  Abd. 

Janet  and  Katherine  Leslie,  daughters  of  the  lale  Barthol  Leslie,  at  Mylne  of  Dyce 
v.  Wm.  Meluill  in  Wester  Fintray.  Cautioner  Mr.  Wm.  Ray,  burgess  of  Abd. 

20.  Renunciation  and   Discharge.      Margaret  Strauchine,  wife  of  John  Leslie  of 
Duncanstoune,  renounced  her  rights  to  the  lands  of  Old  and  New  Flinder  in  the  Parish 
of  Christiskirk  and  Regality  of  Lindores,  in  favor  of  her  eldest  son,  Patrick  Leslie,  and 
Margaret  Forbes,  his  future  wife. 

25.  Loosing  of  Arrestment.     Alexander,   Master  of  Forbes  v.  Sir  Alexr.  Hay  of 
Dalgatie,  Knight,  and  his  tenants,  and  specially  his  tenants  and  feuars  in  the  town  of 
Turriff.     Cautioner  Patrick  Birnie  in  Corsegeldie  of  Delgatie.       Peats  in  the  "  reid  " 
moss. 

26.  Assault— Blood-drawing.     The  Procurator  Fiscal  and  John  Muir  in  Manes  of 
Arnage,  the  injured  party  v.  Thomas  Stewen  in  Towie  of  Arnage.     Cautioner  James 
Cheyne,  apparent  of  Arnage. 

27.  Loosing  of  Arrestment.     Thomas  Mutray  of  Clubisgowell  v.   Marjory  Cassie, 
widow  of  Andrew  Moir  in  Ilalkhillok.     Cautioner  James  Cassie  of  Quhyitstrippis. 

Aug.     5.  Torturing  a  Servant.      The  Procurator  Fiscal  and  David  Beanes,  the  injured 

party  v.  Wm.  Russell,  Wobster,  freeman  of  Abd.  Cautioner  Gilbert  Ilerwic,  burgess 
of  Abd.  Russell  was  to  be  tried  on  August  19  for  "  taking  torturing  &  kerking  in  lint 
cords  David  Beans  his  seruitour  "  on  25  July.  On  the  margin  there  is  a  minute  to  the 
effect  that  this  act  of  caution  is  "  deleit"  of  consent  of  parties  and  the  Sheriff,  because 
the  Provost  and  Baillies,  as  Justices  of  Peace,  were  to  try  the  case. 

lo.  Loosing  of  Arrestment.     George  Johnestoune  of  that  Ilk  and  of  Caskieben  v. 

John  Innes,  formerly  in  the  croft  of  Bradmyr,  and  then  at  Mylne  of  Warthill.  Cautioner 
Mr.  Alexr.  Reid  of  New  Mylne  and  Notary  Public  in  Abd. 

243 


Aberdeenshire  Sheriff  Court: 

1620. 

Aug.   ii.  Assault — Blood-drawing.     The  Procurator  Fiscal  and  George  Bowman  at  Mylne 

of  Auchnagat  v.  Gilbert  Lawrence  at  the  Ower  Mylne  of  Arnage.  Cautioner  Thomas 
Cheyne  of  Ranestoune. 

Loosings  of  Arrestments.  Archibald  Wod  of  Douwne,  as  assignee  of  Andrew 
Kid  in  Meikill  Elrik  v.  Margaret  Bruce,  widow  of  Andrew  Low  at  the  Craigmill  and 
others.  Cautioner  George  Quhytheid,  Tailzeour,  burgess  of  Abd.  Claim  in  connection 
with  the  spuilzie  of  a  mare. 

12.  William  Gordoune,  younger  and  elder,  of  Balgownie  v.  John  Blair  in  Tilliekeirie. 

Cautioner  Alexr.  Blair,  Freeman,  Tailzeour,  burgess  of  Abd. 

14.  The  Procurator  Fiscal  and  Thomas  Philp,  Craftisman,  burgess  of  Abd.  z>.  Alexr. 

Findlater,  Litster,  burgess  there.  Cautioner  James  Birnie,  VVobster,  freeman  and 
burgess  there. 

17.  Janet  Duncane,  widow  of  Abraham  Forbes  of  Blaktoune  v.  John  Dik  in  Torfines. 

Cautioner  Alexr.  Stewine  in  Meikle  Maildrone. 

19.  Removing.     Margaret  Knox,  widow  of  Gilbert  Conan,  consented  to  remove  from 

Todellhillis  in  Ellon  in  favor  of  Alexr.  Cheyne,  burgess  of  Abd.,  the  proprietor. 

Loosing  of  Arrestment.  Mr.  Robert  Irving  of  Moncoffer  and  Mr.  Alexr. 
Irving  of  Hiltoune  v.  Robert  Joiss  in  Grandoune.  Cautioner  Win.  Robertsone,  burgess 
of  Abd. 

25.  Obligation.    Conditions  of  Tenancy.    Margaret  Paull,  widow  of  Robert  Watsone 

in  Murcour,  as  principal,  and  Robert  Gordoune  in  Blindburn  of  Arnage  as  cautioner  for 
her,  bound  themselves  for  fulfilment  to  Mr.  Thomas  Meingzeis  of  Balgownie  of  the 
conditions  of  tenancy  of  her  late  husband's  occupation  of  eight  oxengait  of  Murcour. 

29.  Loosing   of  Arrestment.        Janet   Gordoune,  widow  of  James   Crichtoune  of 

Frendraucht,  and  Thomas  Gordoune  of  Grandoune,  her  husband  v.  John  Ilendrie  in 
Muirtoune,  John  Thomson  there  and  Wm.  Mylne  in  Bognie.  Cautioner  George 
Crichtoune  of  Boulziestounc. 

Septr.  6.  Assault — Blood-drawing.  The  Procurator  Fiscal  and  Isobel  Fergussone,  sister 
and  servant  to  Wm.  Fergussone  at  the  Mylne  of  Gelcomstoun  v.  Alexr.  Findlater, 
Litster,  burgess  of  Abd.  Cautioner  Thomas  Gray,  burgess  there. 

12.  Loosings  of  Arrestments.      George    Gordoune  of  Gicht  v.  Gilbert  Cassie  in 

Nethermuir.      Cautioner  Gilbert  Simsone  in  Arnage. 

14.  John    Keythe   in    Kayrntradlene   v.   James    Mailling    there.       Cautioner    David 

Symesone,  Saidler,  burgess  of  Abd.,  whom  Mr.  Walter  Andersone,  "  Minister  of  Gods 
word  at  Kynnellar,"  bound  himself  to  relieve. 

16.  Lilias  Crawfuird,  Agnes  Innes,  her  daughter,  and  Robert  Innes,  takisman  of  the 

lands  of  Cragiehishill  v.  John  Walker  of  Meikle  Creichie.  Cautioner  Mr.  James 
Irving,  Advocate  in  Abd. 

244 


Judicial  Enactments:  Vol.  III.,  Contents 

1620. 

Septr.  17.  Loosings  of  Arrestments.      Henry  Glennie  in  Petmedden  and  Robert  Abir- 

crombie  at  Mylne  of  Petmedden  v.  James  Leslie,  burgess  of  Abd.,  then  in  Ederlick. 
Cautioner  Adam  Leyth  of  Drumquhendill. 

20.  Wm.  Simsone  at  the  Kirk  of  Keig  v.  John  Blair  in  Tillikeirie.     Cautioner  Alexr. 
Blair,  Tailzeour,  burgess  of  Abd. 

Alexander,  Master  of  Forbes,  with  Arthur,  Lord  Forbes,  his  father,  as  his  tutor, 
and  John  Forbes  of  Brux,  John  Forbes  of  Petsligo,  Wm.  Forbes  of  Tolquhone  and 
John  Forbes  of  Cask,  his  Curator  v.  Alexr.  Skein  of  that  Ilk  and  his  tenants  of 
Brashlassie.  Cautioner  Mr.  Patrick  Skein,  burgess  of  Abd.  The  dispute  here  was 
about  the  hill  and  muir  of  Tamnagowin. 

21.  John  Knox  of   Knok  and  Micheall  Symsone  at  the  Mylne  of  Knok  v.  Andrew 
Keillo  in  Coynik.     Cautioner  Sir  Wm.  Keyth  of  Balmure,  Knight. 

26.  Alexr.  Skein  of  that  Ilk  v.  Alexander,  Master  of  Forbes,  and  others.     Cautioner 

Thomas  Burnet  of  Ennets.     The  lands  mentioned  were  Bogdowaltie  and  New-ward. 

28.  George  Bisset  in  Bischopstoune  v.  Arthur  Bissel  in  Carnetralzeane.      Cautioner 

Angus  Grant  there. 

Octr.     4.  George  Leslie  of  Kincraigie  v.  Wm.  Forbes  of  Tilliekeirie,  and  John  Clerk  and 

Thomas  Blair  in  Kirktoune  of  Touche,  his  tenants.  Cautioner  John  Forbes,  son  of  the 
late  Arthur  Forbes  of  Balfour  and  burgess  of  Abd.  The  crop  on  a  part  of  the  lands  of 
Torries,  "  callit  the  Lonnings,"  was  in  dispute. 

5.  Barbara  Knox,  sister  of  John  Knox  of  that  Ilk  v.   Andrew  Keillo  in  Conzeak. 

Cautioner  Nathaniel  Heriot  in  Boddum. 

10.  Patrick  Leyth  of  Licklieheid  v.   Katherine  Skeine,   widow  of  Patrick  Leyth  of 

Licklieheid.     Cautioner  Robert  Forbes  of  Tomaids. 

12.  Duncan  Gall  in  Waster  Bannirrell,  as  assignee  of  Win.  and  Alaster  Gall  v.  Andrew 
Roger  in  Balnacroft.     Cautioner  Thomas  Gordoun  of  Grandoune. 

13.  William  Ferreis  in  Tulliche  v.  Barbara  Youngsone,  widow  of  John  Ferreis  there. 
Cautioner  Matthew  Youngsone,  Tailzeour,  freeman  and  burgess  of  Abd. 

14.  Assault— Blood-drawing.    The  Procurator  Fiscal,  Beatrix  Cuik,  wife  of  Thomas 
Findlay  in  Baudichell,  and  her  husband  v.  James  Burnet  in  Fraserburgh  and  Thomas 
Burnet  his  son  there.     Cautioner  John  Andersone,  Cordoner,  burgess  of  Abd. 

Novr.    3.  Loosings  of  Arrestments.     The  Procurator  Fiscal  and  John  Hay  of  Cremond- 

mogat  v.  Margaret  Tarwes,  widow  of  Wm.  Watsone  of  [?  in]  Haddo  and  Andrew  and 
Wm.  Watsone,  her  sons.  Cautioner  Wm.  Tarwes  in  Northessies. 

Wm.  Coupland  in  Ardine  v.  Patrick  [?]  Gardiner  in  Leffrokhillok.  Cautioner 
Alexander  Mitchell,  burgess  of  Abd. 

245 


Aberdcenshire  Sheriff  Court  t 

1620. 

Novr.    6.  Renunciation  and  Discharge.     Anna  Crichtoune,  Lady  Meldrum,  wife  of  Wm. 

Setoun  of  Meldrum,  in  favor  of  James  Crichtoune  of  Frendraucht,  her  brother  german. 
The  lady  renounced  her  rights  to  the  lands  of  Petquhensie  and  discharged  her  claims  to 
legitim  and  others  from  the  estate  of  the  late  James  Crichtoune  of  Frendraucht,  her 
father,  as  well  as  under  her  Marriage  Contract  dated  19  February  preceding. 

8.  Disposition  of  Moveables  inter  vivos.      Margaret  Gareoche,  widow  of  Alexr. 

Chesser  in  Glasgoforrest,  in  favor  of  Thomas  Chcsser  and  Elspet  Moir,  his  wife.  On 
the  narrative  of  the  disabilities  of  old  age,  and  on  condition  of  their  maintaining  her  for 
her  lifetime,  the  granter  disponed  to  Chesser  and  his  wife  her  household  plenishing  and 
farm  stocking  as  detailed  and  valued  in  the  entry. 

Loosings  of  Arrestments.  John  Hay  of  Cremonmogat  v.  George  Boyache  in 
Rattrey.  Cautioner  David  Wat  in  Elrick. 

13.  William   Richie  in  Eddindurnocht  v.   Gilbert  Touche  in  Hauche  of  Cevilie  [or 

Cowlie].     Cautioner  Wm.  Gordoun  of  Kennertie. 

The  Procurator  Fiscal  and  Alexr.  Strauchin  of  Glenkindie  v.  Robert  Russet  in 
Tillibraland.  Cautioner  John  Milne  in  Braland. 

Gilbert  Clark,  Wobster  in  Auld  Abd.  v.  Thomas  Dowass,  Wobster,  and  Cristane 
Clark,  his  wife  and  daughter  of  the  arrester.  Cautioner  Mr.  Andrew  Clark,  Advocate, 
burgess  of  Abd. 

William  Ogihvie  in  Bonitoune  v.  Robert  Gray  there.  Cautioner  George  Abir- 
nethie  there. 

James  King,  younger  in  Auchmillen  v.  Jcills  Andersone,  widow  of  Mr.  Arthur 
Andersone  of  Auchmillane.  Cautioner  Wm.  Gordoune  in  Auchnastink.  There  were 
special  arrestments  in  the  hands  of  Mr.  James  Elphingstoune  of  Eairnes  and  Thomas 
Espline,  Chamerlane  to  my  Lord  Elphingstoune. 

James  Birnie  in  Achaidlie  v.  George  Wricht  in  Littill  Drumquhendill.  Cautioner 
John  Bisset  there.  "  Sex  roks"  were  arrested  in  the  hands  of  Wm.  Forbes  at  Mylne 
of  Tolquhone. 

18.  Renunciation.       James    Seytoune,    sometime   in   Tilliquhorthie,    and    Margaret 

Name,  his  wife,  in  favor  of  Thomas  Muttray,  Fiar  of  Clubisgowill.  Seytoune  and  his 
wife  renounced  the  last  three  years  of  a  five  years  lease  of  a  croft  on  Pervynneis. 

Deer.    9.  Loosing    of    Arrestment.       James   Forbes,    sometime   of    Lethintie    v.   James 

Garioche  of  Kinstairis.     Cautioner  Robert  Merser,  Messenger  in  Abd. 

30.          Assault— Blood-drawing.      The  Procurator  Fiscal  and  Alexr.   Peirie  v.  John 
Browne  in  Meikill  Tibbertie.     Cautioner  Patrick  Cheyne,  Lax  Fischer  in  Abd. 

246 


Judicial  Enactments :  Vol.  Ill*,  Contents 

1621. 

Jany.    3.  Loosings  of  Arrestments.      Wm.  Ogiluie  in  Bonnietoune  and  others  v.  Wm. 

Home  in  Cabitie.     Cautioner  John  Straquhan,  burgess  of  Abd. 

19.  Robert  Forbes  in  Auldtoun  of  Meikill  Wardess  v.  Thomas  Ardes  in  Kirkhill. 

Cautioner  Robert  Gordoun  at  the  New  Mylne  of  Knokaspok.     50  merks  was  said  to  be 
arrested  in  the  hands  of  John  Spencc  of  Boddom. 

22.  Robert  Murray  in  Udnie  v.  Alexr.  Ingland  in  Tillemad.     Cautioner  Wm.  Blak, 
burgess  of  Abd. 

Removing1.  Mr.  Wm.  Moir,  burgess  of  Abd.  and  proprietor  of  Scottistoune  v. 
Andrew  Roger  there.  Roger  admitted  indebtedness  for  the  rent  of  the  year  1620,  and 
consented  to  remove  from  his  holding. 

Feby.    8.  Loosings  of  Arrestments.     The  Procurator  Fiscal  v.  James  Forbes  in  Kinnellar. 

Cautioner  Duncan  Blakhall,  burgess  of  Abd. 

12.  Alexr.  Andersone,  Cordoner  in  Auld  Abd.  v.  Isobel  Kelmane  there  and  Gilbert 
Merser,  her  hushand.      Cautioner  John  Merser,  sometime  in  Auld  Abd. 

14.  John  Walkar  of  Creuchie  v.   Isobell  Reid  in  Meikill  Creuchie.     Cautioner  John 

Urquhart  in  Allachie. 

Andrew  Collie  in  Gawell  v.  Patrick  Wobster  in  Bruchill.  Cautioner  John  Urqu- 
hart in  Allachie. 

21.  Wm.  Gordone  in  Douchrie  v,  Alexr.  Garvack  in  the  Borrow  Croft  of  Quyhtcross. 

Cautioner  Wm.  Reid  at  the  Milne  of  Wattertoune. 

23.  Slaughtering  Sheep,  etc.      The  Crown  v.  James  Tawer  alias  Reid  in  Creak. 
Cautioner  Wm.  Tawer  in  Auchmenzie.     The  accused  was  charged  with  "the  cruell 
stricking  and  slaying  of  the  number  of  fourtein  heids  of  slieip  ane  cow  and  ane  mair 
pertening  to  James  Milne  in  Bralen." 

March  6.  Loosing  of  Arrestment.     James  Thomsone  in  Cowie  v.  Alexr.  Walker  in  Kin- 

bethock.     Cautioner  Mr.  James  Elphingstoun  of  Barnes. 

13.  Assault.    The  Procurator  Fiscal  and  Alexr.  Thames  in  Countiswallis  and  Margaret 
Craig,  his  wife  v.  John  Farquhar  there  and  Janet  Farquhar,  his  daughter.     Cautioner 
Wm.  Clerk  in  Auchlie. 

14.  Loosings   of   Arrestments.      John   Barkar,   Smyth  in  Auld  Abd.   v.   Thomas 
Cuming  there.     Cautioner  George  Keyth,  Saidler,  burgess  of  Abd. 

21.  Nicoll  Peirie  in  Clait  v.  Bessie  Davidsone  in  Towie.     Cautioner  John  Mylne  in 

Brawland. 

24.  George  Marqueis  of  Huntlie  v.  Malcome  Strath  in  New  Logieauldtoun.    Cautioner 
Patrick  Meldrum,  Fiar  of  Idene.     This  was  in  connection  with  a  claim  for  the  rent  of 
eight  oxengait  of  Knokleyth  crop  and  year  1620. 

247 


Aberdeenshire  Sheriff  Court : 

1621. 

March  24.  Loosings   of  Arrestments.      Alexr.   Strathauchin   of  Glenkyndie  and  Walter 

Toux  at  the  Mylne  of  Auchnagat  v.  Alexr.  Slrathauchin  of  Touxhill.  Cautioner 
John  Stewart  "  Mylnewaird  "  at  the  Mylne  of^Auchnagat. 

Elspct  Craih  in  Elrik  v.  Walter  Toux  in  Auchnagat.  Cautioner  James  Murdo  in 
Barrak.  A  "  wob  of  plaicling  "  in  the  hands  of  Andrew  Hendersone,  Wobster  in  Elrik, 
was  specially  arrested. 

29.  Assault — Blood-drawing1.      The  Procurator  Fiscal  and  James  Malthowsone  in 

Bogheid  of  Balquhane  v.  George  Mair  at  the  Chappell  of  Gariauche.  Cautioner  James 
Andersone  in  Knokallachie. 

April    6.  Removing.      Mr.  Wm.   Moir  of  Scottistoune  v.  Thomas  Jamesone  there,  who 

agreed  to  remove  from  his  occupation  of  eight  oxengait  of  the  sunny  half  of  Scottistoune 
at  Whitsunday  following. 

7.  Removing.     Mr.  Robert  Irving  of  Moncoffer  v.  George  Craigheid  in  Lochehills, 

who  agreed  to  remove  from  the  shadow  half  of  these  lands  situated  in  Sancl  Machair  at 
Whitsunday  following. 

13.  Renunciation  and  Discharge.      Isobel  Setoune,  wife  of  Wm.  Setoune  of  Dis- 
blair,  and  Elspet  Leask,  wife  of  Mr.  Robert  Paip,  Advocate  in  Abd.,  in  favor  of  John 
Setoune,  son  of  the  first  named  lady,  and  Margaret  Irving,  his  future  wife.       Mrs. 
Setoune's  renunciation   embraced  the  lands  of  Melvingsyd   in   Culsalmond  and  two 
ploughs  of  the  third  part  lands  of  Logieruiff  and  Mylne  of  Logicruiff  in  Logiebuchane, 
while  Mrs.  Paip  renounced  the  two  ploughs  of  Logieruiff  only. 

14.  Removing.     Mr.  Robert  Irving  of  Moncoffer  v.  James  Cargill  in  Lochehillis  and 
Dorathia  Udnie,  his  wife.     Cargill  and  his  wife  were  occupiers  of  part  of  the  shadow 
half  of  these  lands  from  which  they  agreed  to  remove. 

19.  Loosings  of  Arrestments.      Alexr.  Fraser  of  Techmurreis  v.  John  Daniell  in 

Percock.     Cautioner  John  Morisone,  burgess  of  AbJ. 

21.  Patrick  Leithe  of  Liklieheid  and  Adam  Lcithe  of  Annagathill  v,  Patrick  Watsone  in 

Auchlewin.  Cautioner  Wm.  Forbes,  Fiar  of  Bairnis.  As  an  example  of  many  similar 
arrestments  in  this  class  of  books  the  description  here  may  be  quoted  :  "  the  haill 
biging  foilzie  and  tymmer  presentlie  standand  upone  the  said  Patrik  his  occupatione  of 
Auchlewin  sick  as  cuppills  panis  ruiffis  lokis  durris  and  winddowis." 

24.  John  Gordoun  of  Crabistoun  v.  John  Watsone  there.    Cautioner  George  Johnestoun 

of  that  Ilk. 

May      I.  Wm.  Philp  at  the  Milne  of  Petfoddells  v.  Andrew  Traill,  Wobster  in  Wastertcun 

of  Petfoddells.     Cautioner  Andrew  Williamsone,  elder,  burgess  of  Abd. 

2.  John  Wod,  Chamberlane  to  my  Lord  Marchell  v.  James  Mortimer,  sometime  Fiar 

of  Craigiewar.  Cautioner  John  Edward  in  Pettodrie.  There  was  a  special  arrestment 
of  Mortimer's  "  beir  and  aittis  presentlie  in  Auchquhartnie." 

248 


Judicial  Enactments:  Vol.  HI.,  Contents 

1621. 

May    10.  Loosings  of  Arrestments.     Mr.  Andrew  Massie,  Commond  Procurator  of  the 

College  of  New  Abd.  v.  Jeane  Lumisdane,  widow  of  Alexr.  Chalmer  of  Cow  nteswalls, 
Prowest  of  Abd.  Cautioner  Robert  Chalmer,  younger,  burgess  of  Abd.  The  rents  of 
the  occupants  of  certain  crofts  in  the  Burgh  were  specially  arrested.  These  were 
George  Scot,  Alexr.  Blakhall,  Mailman  and  Gilbert  Mackie,  Fermorar. 

12.  Adam  Fraser  of  Finnache  v.  John  Thomsone,  alias  Souldan,  and  Win.  Weir  in 

Finnache.     Cautioner  Wm.  Gordoun  of  Cottoune. 

James  Reid  of  Mid  Clova  v.  Thomas  Thomsone  there.  Cautioner  Alexr.  Lumsden 
•of  Clova. 

John  Leslie  of  Duncanstoun  v.  George  Gib  in  Auld  Flindar.  Cautioner  Alexr. 
Barone  in  Brae  of  Strabogie. 

Patrick  Gordone  in  Corsindae  v.  Walter  Mollasone  in  Corsindeye.  Cautioner 
Charles  Chalmer,  portioner  of  Wester  Fintray. 

James  Smyth,  alias  Chalmer,  in  Eister  Tyrrie  v.  Isobel  Smyth,  widow  of  John 
Yuill,  sometime  there.  Cautioner  Alexr.  Third  in  Carnemuir. 

Wm.  Leslie  of  Lylle  Wartle  v.  George  Raitt  in  Lytle  Folia.  Cautioner  Alexr. 
Watsone,  burgess  of  Abd. 

18.  Patrick  Leith  of  Quhythalche  v.  Thomas  Shreffin  Cairnecoische.     Cautioner  John 
Forbes,  younger,  burgess  of  Abd. 

Wm.  P'orbes  of  Tolquhone  v.  James  Watsone  in  Blairfull.  Cautioner  James 
Johnstoun  in  Cairnebrogie. 

19.  Arthur  Dilgarnoche  of  Fortrie  v.   Wm.    Forsylhe  in  the   Blackhill    of   Fortrie. 
Cautioner  Alex.  Michell  in  Tillekirie. 

21.  Mr.  John  Chein  of  Arnage  and  James  Chein,  his  eldest  son  v.  Thomas  Schewan 
in  Arnage.     Cautioner  Patrick  Strauchen  of  Kinnaclie. 

Alexr.  Cuming  of  Culler  v.  Andrew  Brabner  in  Lastis.  Caulioner  Alexr.  Chalmer, 
younger,  burgess  of  Abd. 

John  Calder  of  Migvie  v.  John  Leye,  Milwarl  in  Kinnadie.  Caulioner  Robert 
Farquhar  in  Newtoune  of  Kinnadie. 

22.  Helen  Leithc  and  Mr.  Wm.  Forbes,  "  Sub-principall  of  the  Kingis  Colledge   of 
Auld  Abd.,"  her  husband  v.  Thomas  Gordone  of  Dilspro.     Cautioner  John  Forbes  of 
Milne  of  Melgum.     There  was  a  special  arrestment  in  the  hands  of  Wm.  Lundsaye, 
burgess. 

Removing.  Patrick  Leith  of  Monthgarie  v.  Adam  Gordone  in  the  Quhythoussis 
of  Monthgarie.  James  Gordone  of  Knockespock  was  Sheriff  Depute  and  signed  Ihe 
entry  "  Knokespek  Sref  deput." 

II  249 


Abzrdeenshire  Sheriff  Court: 

1621. 

May    23.  Removing.      Wm.    Gairdin   in  Auchquhronie   v.    George   Forbes  in   Tartowie. 

Cautioner  John  Wod,  Bailzie  in  Milboy.  Money  was  arrested  in  the  hands  of  John 
Tailzeour  in  Aidiesloune. 

Removing.  Robert  Forbes  of  Echt  v.  Adam  Gordoune  in  Quhythous,  who  agreed 
to  remove  immediately  from  part  of  a  croft  upon  Boquharne  in  Tillinessill. 

Loosing  of  Arrestment.  James  Gordone,  younger,  of  Lesmoir,  George  Adam- 
sone  in  Glenhouss  and  James  Chrystisone  in  [?]  Rodonis  v.  Jealls  Carle  in  Glenhouss 
and  Alexr.  Pendriche,  her  husband.  Cautioner  James  Forbes  in  Kinbame. 

24.  Discharge  of  Curators.     Jean  Scot,  eldest  lawful  daughter  of  the  late  Mr.  John 
Scot,  burgess  of  Abd.,  in  consideration  of  303  merks  paid  to  her  by  Wm.  Leslie  of  Auld 
Craige,  her  mother's  brother,  discharged  him  and  her  other  curators  (who  are  not 
named)  thereof  and  of  their  intromissions  with  her  estate  during  her  minority.     She 
specially  ratified  a  conveyance  of  heritage  made  by  them  to  George  Scot,  her  father's 
brother. 

25.  Loosing  of  Arrestment.     George  Johnestoune  of  that  Ilk,  Alexr.  Skeine  of  that 
Ilk,  John  Johnestoun  of  Sleipiehillok,   Mr.   Andrew  Skeine,  Messenger,  and  Alexr. 
Fraser  in  Bogheidis  v.  Robert  Johnestoun  in  Corshill.     Cautioner  Gilbert  Keythe  of 
Auchereis.     A  special  arrestment  had  been  used  in  the  hands  of  John  Keythe  of  Carne- 
trailzeane. 

Renunciation  and  Discharge.  Agnes  Johnestoun,  wife  of  Robert  Johnestoun, 
Baillie,  burgess  of  Abd.,  in  favor  of  George  Gordoun  of  Gicht.  The  subjects  of  which 
the  lady  renounced  her  conjunct  fee,  liferent,  etc.,  were  the  half  lands  of  Mains  of 
M earne  and  half  lands  of  Ilatlerseatt  in  the  parish  of  Belhelvie.  The  first  appearance 
of  Thomas  Gordoune  of  Litill  Gowill  as  Sheriff  Depute. 

Loosing  of  Arrestment.  Gilbert  Burnet  in  Kirktoune  of  Fetteranguis  v.  John 
Smythe  in  Manes  of  Kindrocht.  Cautioner  John  Andersone,  burgess  of  Abd. 

28.  Judicial  Ratification.     Elspet  Meldrum,  wife  of  Andrew  Meldrum,  sometime  of 

Jackstounc,  then  of  Ardfork,  ratified  a  contract  between  her  husband  and  Robert 
Stewart,  brother  to  the  late  John,  Earl  of  Atholl,  and  Janet  Leslie,  his  wife,  dated  at 
Aberdeen,  12  November,  1613.  The  contract  was  one  for  the  alienation  of  Jackstoune 
in  favor  of  Stewart  and  his  wife  under  reversion. 

Loosings  of  Arrestments.  John  Leslie  of  Petcapill  and  John  Leslie,  Fiar  thereof 
•v.  Alexr.  Andersone  at  the  New  Mylne  of  Cremond.  Cautioner  George  Johnestoun  of 
that  Ilk. 

June     6.  John  Cowtis  in  Eister  Collairlie  v.  Margaret  Cowtis,  his  sister  german.     Cautioner 

Alexr.  Scott  in  Waster  Collairlie.  There  was  a  special  arrestment  in  the  hands  of 
James  Galloway  in  Collairlie. 

8.  John  Leslie,   Fiar  of  Balquhain  v.   Mr.  John  Chein  of  Petfiechie.      Cautioner 

Thomas  Chein  of  Raniestoune. 

250 


Judicial  Enactments:  Vol.  EL,  Contents 

1621. 

June     9.  Loosings  of  Arrestments.     Alexr.  Smyth  in  Pulee  v.  Robert  Merser  in  Endowie 

and  Wm.  Merser  there.     Cautioner  Duncan  Blakhall  in  Clerkseitt. 

12.  John  Leslie,  elder,  of  Buchquhane  v.  Alexr.  Farquhar  in  Knokallachie.  Cautioner 
John  Leask,  burgess  of  Abd.,  whom  Hectour  Davidsone  in  Abd.  bound  himself  to 
relieve. 

Francis,  Earl  of  Erroll  v.  George  Hay  in  Ardifferaye.  Cautioner  Alexr.  Cruck- 
shank,  elder,  burgess  of  Abd.,  to  whom  Robert  Cruickshank,  also  burgess,  became 
bound  in  relief. 

14.  Wrongous  Intromission.     The  Procurator  Fiscal  and  Gilbert  Mainie  in  Kyn- 
neller  v.  James  and  Abraham  Forbes  there,  Andrew  Forbes  in  Tartowie  and  Wm. 
Abell  in  Carnetrailzeane.     These  persons  were  charged  with  coming  to  Mainie's  house 
and  "  sersing  seiking  taking  clakring  and  melling  "  with  his  geir. 

15.  Loosings  of  Arrestments.     Alexr.  Smyth  in  Pulee  v.  John  Jamesone  in  Mont- 
garie.     Cautioner  Alexr.  Blair,  Tailzeour,  burgess  of  Abd. 

20.  Wm.  Forbes  of  Tillikeirie  v.  Wm.  Garioche  in  Torreis.     Cautioner  Alexr.  Blair, 

Tailzeour,  burgess  of  Abd. 

23.  John  Leslie  of  Petcapill  and  John  Leslie,  Fiar  thereof  v.  Gilbert  Johnestoune  of 

Peirreismylne,  John  Gardyne  and  Thomas  Mackie  in  Selbie,  Wm.  Glenny  in  Porter- 
stoun,  Alexr.  Wobster  in  Boyndis,  John  Wobster,  Robert  Smyth  and  Alexr.  Smyth  at 
the  Mylne  of  Porterstoun,  David  Follay  in  Bredmyre  and  Gilbert  Jamesone  in  Loche- 
tulloche.  Cautioner  George  Johnestoun  of  that  Ilk. 

Assault — Blood  drawing.  Marjorie  Makie,  wife  of  Wm.  Gellein  in  Blackball 
v.  Wm.  Angus  there.  Cautioner  Thomas  Cargill,  burgess  of  Abd. 

30.  Renunciation  and  Discharge.     Elspet  Mair,  wife  of  Wm.  Cruikschank  in  Glen- 

medling,  in  favor  of  Wm.  Cruikschank,  her  son,  and  Elspet  Shand,  his  future  wife. 
The  subjects  embraced  in  the  renunciation  were  the  "  Schaddow  half  toune  and  landis 
of  Glenmedling  "  and  pertinents  in  the  parish  of  "  Forge." 

July  3.  Renunciation,  Discharge  and  Ratification.  Dame  Magdalen  Scrimzeour 
and  Sir  Alexander  Irving,  Apparent  of  Drum,  her  husband,  by  their  appearance  in 
Court  on  this  occasion  confirmed  a  Contract  of  Excambion,  dated  8  November  and  5 
December,  1620,  between  Alexr.  Irvine  of  Drum  and  them,  whereby  they  had  re- 
nounced the  Lands  of  Lonmay,  Corskellie,  Cairness,  Sawock  and  others  which  had 
been  provided  to  them  by  their  Marriage  Contract  dated  2  and  30  July  and  , 

1617,  and  had  accepted,  in  lieu  thereof,  Forglen  and  Quhytfeild  in  BanfTshire  and  the 
teind  sheaves  of  Inverurie.  Sir  John  Scrimzeour  of  Dudhope,  the  lady's  father,  had 
been  a  party  to  the  marriage  contract. 

251 


Aberdeenshire  Sheriff  Court : 

1621. 

July      7.  Loosings  of   Arrestments.     George  Johnesloune  of  that  Ilk  i>,  John  Leslie, 

elder,  of  Petcaple,  John  Leslie,  Fiar  thereof,  George  Chein  in  Auld  Mylne  of  Creimond, 
Andrew  Leslie  in  Hill  ot  Creimond,  John  Chein  in  Creimond,  Thomas  Tailzeour  there 
and  John  Leslie  in  Hill  of  Creimond  and  the  other  tenants  of  Creimond  and  Thomas 
Tailzeour  in  Calff-fauld.  Cautioner  Alexr.  Leslie  of  Auchquhorsk.  Peats,  etc.,  in 
the  moss  of  Creimond. 

John  Leslie  of  Boquhoyne  v.  Alexr.  Leslie  of  Auchquhorsk.  Cautioner  John 
Leslie,  Fiar  of  Petcapill.  Peats  upon  the  part  of  the  Hill  of  Auchquhorsk  between 
Boigraxie  and  the  Faulds  of  Auchquhorsk,  claimed  as  part  of  the  lands  of  Auchquhorthie. 

10.  Alexr.  Leslie  of  Auchquorsk  v.  George  Glenny  and  Alexr.  Glenny  at  the  Milne  of 
Auchquhorthies  and  Adam  Wat  at  the  Nethir  biging  of  Auchquhorthies.     Cautioner 
Hector  Davidsone,  indweller  in  Abd.     Peats  between  Bograxie  and  the  Faulds  of 
Auchquorsk. 

11.  John  Leslie  of  Pelcapill  v.  George  Johnestoune  of  Caskieben,  John  Johnestoune  of 
New    Place,    John  Johnestoune   in    Inglistoun   and    George  Johnstoune   of  Fawells. 
Cautioner  Wm.  Blak,  younger,  burgess  of  Abd.     Peats  in  the  moss  of  Creimond. 

Mr.  James  Forbes  of  Ilauchetoune  v.  Patrick  Leithe  of  Mongarie.  Cautioner 
John  Leithe  of  Ouhylhauche.  Peats  in  the  moss  of  Meikill  Endowie. 

12.  John    Andersone    in    Wantounewalls    v.    Oliver    Bisset    in     Kirktoune    of    Clat, 
Cautioner  Abraham  Gardiner  in  Auchmenzie. 

14.  Alexr.  Fraser,  younger,  of  Phelorthe  v.  Wm.  Keithe  of  Petindrume.     Cautioner 

Robert  Keyth,  burgess  of  Abd. 

Aug.     6.  Renunciation  of  Succession.     Agnes  Huisone,  only  lawful  daughter  surviving 

of  the  late  John  Huisone,  burgess  of  Abd.,  for  the  purpose  of  escaping  liability  for  her 
father's  debts,  renounced  all  right  of  succession  to  his  estate  heritable  and  moveable. 
A  creditor  named  was  Bessie  Tillidaff,  wife  of  Alexr.  Rowand  [or  Rowane]and  daughter 
of  the  late  Alexr.  Tillidaff,  burgess  of  Abd.  Although  the  young  lady  was  21,  John 
Tillidaff,  burgess,  her  mother's  brother,  and  Andrew  Huisone,  burgess,  her  father's 
brother,  were  consenting  parties  along  with  their  niece. 

8.  Loosings  of  Arrestments.     Leonard  Heatlie,  servitor  to  John  Leslie,  elder,  of 

Balquhoyne  v.  Hector  Davidsone,  indweller  in  Abd.  Cautioner  Michael  Leslie  in 
Kirktoune  of  Oyine. 

14.  James  Grant  of  Enzeane  v.  Thomas  Couttis  in  Tulchaspick.      Cautioner  John 

Andersone  in  Bruimhill. 

17.  Wm.  Forbes,  younger,  Merchant,  burgess  of  Abd.  v.  Thomas  Hervie,  John  and 

James  Walkar  and  Andrew  Leithe,  younger,  all  indwellars  in  the  Cruiffis.  Cautioner 
Alexr.  Forbes,  portioner  of  Cruiffis.  There  was  a  special  arrestment  of  "  the  salmone 
fisches  young  and  auld  presentlie  saltet  in  thair  commoune  corp  hous  and  in  ewerie  ane 
of  thair  proper  houssis." 

252 


Judicial  Enactments:  Vol.  HL,  Contents 
1621. 

Aug.    18.  Loosings   of  Arrestments.      Alexr.  Cuming  of  Culter   v.  James  Gordoun  of 

Knokespok.  Cautioner  Duncan  Blakliall  in  Clerkseat.  A  sum  of  ^40  was  arrested 
in  the  hands  of  Wm.  Cordoner,  Advocate  in  Abd.,  "  quhilk  was  restand  awand  be 
James  Barnet  in  IJillafaulds  to  John  Johnestoune  sumtyme  in  Maiddencrage  and  now 
in  Pettingoullis  quhilk  sowme  of  fourtie  punds  apperteins  to  the  said  James  Gordoun  as 
he  quha  hes  obtenit  decreit  agains  the  said  James  Barnet  and  the  said  John  Johnestoun 
for  his  entress  as  debitor  debitoris." 

Thomas  Ilervie,  John  and  James  Walker  and  Andrew  Leithe,  all  in  the  Cruives  v. 
Wm.  Forbes,  younger,  burgess  of  Abd.  Cautioner  Baillie  Thomas  Forbes. 

25.  John   Reid  in  Tallireauche  v.   David  Fergus  in  Muirtoun   of  Corss.     Cautioner 

Patrick  Bishop  of  Abd.,  appearing  by  Mr.  Robert  Paip,  his  procurator. 

31.  Andrew    Meldrum    of  the    Muirs   of  Fywie  v.   Magnus  Mowat    of  Bolquhollic. 

Cautioner  James  Mowat  of  Smiddieseitt.     Peats  in  the  moss  of  Blachrie. 

Septr.   I.  James  Ogiluie  of  Auchleuchreis  v.  Alexr.  Wilguiss,  John  Gellan,  George  Blak  and 

Patrick  Gellan,  all  in  Tillibreks.  Cautioner  John  Gray  at  the  Mylne  of  Leask.  Peats 
within  the  marches  of  Waster  Auchleuchreis. 

5.  John  Forbes  of  Petsligo  v.  John  Gordoun,  elder  of  Craige,  John  Gordoun,  Fiar 
thereof  and  their  tenants  of  Clynkistoun.       Cautioner  John  Mylne,  occupier  of  two 
ploughs  of  Braland.     There  was  a  special  arrestment  of  "sic  comes  as  is  sawin  in  the 
Howe  of  the  Meikill  Slak  of  Fawdlyng." 

6.  Wm.  Setoun  of  Meldrum  v.  Patrick  Gordoun,  brother  german  of  Sir  Alex.  GorJoun 
of  Cluny,  Knight.     Cautioner  Sir  Alexr.  Gordoun.      Corns  standing  in  the  yard  of 
Cattye. 

11.  Wm.   Leslie  of  Lyttill  Warthill  v.   Wm.    Rait  in  Lyttill  Fola.     Cautioner  John 
Chalmer,  burgess  of  Abd. 

Robert  Crichtoun  of  Condland  v.  James  Birny,  Wobster,  friemane  of  Abd. 
Cautioner  John  Malice,  also  Wobster,  friemane  there.  There  had  been  arrested  20 
ells  of  Dornick  cloth  in  the  hands  of  James  Ingrahame  in  Thomastoun. 

12.  Thomas  Mylne  in  Carnebulge  v.  Margaret  Jaffray,  widow  of  Robert  Mylne  in 
Inverallachie.     Cautioner  Thomas  Hay,  tenant  and  indwellar  in  Pettoulleis. 

14.  John  Forbes  of  Petsligo  v.  John  Leslye  of  Wardes  and  his  tenants  of  Wardes  and 

Dinniduir.  Cautioner  John  Urrey,  burgess  of  Abd.  Peats,  etc.,  cast  and  come  sown 
on  any  part  of  Meikill  Wardes. 

22.  Arthur,  Lord  Forbes  v.  Sir  Alexr.  Gordoune  of  Clunie  and  Duncan  Brek,  Robert 

Smyth  and  Robert  Moir  in  Greinburne  his  tenants,  and  also  Wm.  Gordoune  of  Sauchin 
and  his  tenants  of  Meikill  Sauchin.  Cautioner  Donald  Farquharsone  of  Tilligarmond. 
The  corn  sown  upon  the  "  muir  callit  the  commone  muir  of  Gilhadrik  "  had  been 
arrested. 

253 


Aberdeenshire  Sheriff  Court: 


1621. 

Sept.  27.  Loosings  of  Arrestments.     John  Gordoune  of  Craig  and  John  Gordoune,  Fiar  of 

Craig  v.  "the  richt  honorable"  John  Forbes  of  Petsligo  and  his  tenants  of  Wardes, 
Leuchlybrae  and  Lergy.  Cautioner  George  Keithe,  Portioner  of  Petindrum.  Peats 
and  corn  arrested. 

29.  Alexr.  Fraser  of  Forrest  v.  Thomas  Fraser  of  Streichin,  Patrick  Chalmer  at  the 

Milne  of  Streichin  and  John  Smythe  at  the  Walk  Milne  of  Streichin.  Cautioner  Mr. 
Thomas  Davidsone,  Commissary  Clerk  of  Abd.  The  crop  upon  "  the  pleuche  hill  of 
Faichlee  "  had  been  arrested. 

Octr.     2.  Andrew  Meldrum  of  the  Muiris  of  Fyve  v.  John  Home  of  Balgownie.     Cautioner 

Magnus  Mowat  of  Boquhollie.      Peats  in  the  moss  of  Blachrie. 

4.  John  Leslie  of  Wardes  v.  John  Forbes  of  Petsligo  and  the  tenants  of  Myrtoune  and 

Meikill  Wardes.  Cautioner  John  Ilogsteine,  burgess  of  Abd.  Peats  in  the  moss  of 
Grugeithe  were  specially  arrested. 

8.  Thomas  Forbes,  burgess  of  Abd.  7,'.  David  Ilervie  in  Gaittsyd  of  Murthill  and  James 

Barclaye  and  Archibald  Ilervie  in  Auldfauld  of  Murthill.  Cautioner  Richard  Watsone, 
burgess  of  Abd. 

10.  Alexr.  and  George  Glenny  at  Mylne  of  Auchquhorteis,  John  Leslie,  Fiar  of  Bal- 
quhane,  Adam  Watt  and  Wm.  Tailzeour  in  Nether  biging  of  Auchquhortheis  :;.  Alexr. 
Leslie  of  Auchquhortheis  and  Walter  and  George  Senzeours  there.     Cautioner  Patrick 
Gordoune  of  Birsmoir.     A  special  arrestment  of  faill  and  dowattis  cast  upon  the  South 
side  of  the  "  burne  callit  Burne  Irve." 

11.  The  Procurator  Fiscal  and  Robert  Keyth  of  Auldmad  for  his  interest  v.  Edward 
Reid  in  Baukwall  [or  Bankwall].     Cautioner  Thomas  Cowie,  elder. 

19.  John  Ilendersone  in  Auchedlie  v.  John  Cassie  in  Lytle  Aysie.     Cautioner  Robert 
Skeine,  burgess  of  Abd. 

20.  John  Gordoune  of  Tilleelt  v.  Robert  Johnstoun  at  the  Kirk  of  Tarves.     Cautioner 
Robert  Murray  at  Kirk  of  Udnie.     Crop  upon  the  land  of  Braiklay  Tarves  arrested. 

23.  Thomas  Fraser  of  Streichin  v.  Andrew  Fraser  in  Haltoune  of  Forrest, 
Nicolsone  and  Andrew  Gaw  there.     Cautioner  Alexr.  Fraser  of  Techmuirie.    Crop  sown 
upon  the  Hill  of  Mormond. 

24.  George  Barclay  of  Auchredie  v.  Harie  Barclay  in  Sancher.     Cautioner  John  Leslie 
in  Weitlis. 

Sir  Alexr.  Gordoun  of  Cluny,  knight,  and  William,  Lord  Gordoun  of  Sauchine  v. 
Arthur,  Lord  Forbes,  Thomas  Burnett  of  Ennattis  and  their  tenants  in  Ordyfork, 
Owerscheall,  Nether  Scheall,  Bankheid  and  Manelie.  Cautioner  John  Forbes  of  Edin- 
banchrie.  Crop  on  "  Gilherik."  {Vide  22  Sepr.  supra]. 

254 


Judicial  Enactments:  Vol.  EL,  Contents 

1621. 

Octr.  27.  Discharge  of  Arrestment.     Bessy  Raye,  widow  of  Wm.  Dune,  burgess  of  Abd., 

appeared  and  discharged  in  favor  of  Charles  Kellie,  sometime  in  Pettismilne,  all  arrest- 
ments  used  by  her  against  him,  and  specially  those  in  the  hands  of  Gilbert  Jhonstoune 
of  Isaakstoune  and  Gilbert  Jhonstoune  of  Pettismilne. 

30.  Loosings  of  Arrestments.    John  Keithe  in  Carnetrailzean  v.  Wm.  Hunter  there. 

Cautioner  Wm.  Hunter  in  Auchquhorsk,  his  son. 

Novr.    7.  John    Irving   of    Haltoune   and    Alexr.    Aidie,    "  Milnart "   v.    Gilbert    Broune, 

Messenger.     Cautioner  James  Makesone  in  Litle  Endovie. 

10.  Nicolas  Ross,  Cordoner,  burgess  of  Abd.  TJ,  David  Chalmer,  John  Andersone,  Wm. 

Spence,  Gilbert  Thomsone  and  Alexr.  Hall,  all  Cordoners,  burgesses  of  Abd. 
Cautioner  Wm.  Forbes  of  Barnes. 

Judicial  Ratification.  Isobel  Cheyne,  wife  of  John  Bruce  of  Grayesfortrie  in  the 
parish  of  Ellon,  here  ratified  a  wadset  of  these  lands,  granted  by  her  husband  to  George 
Bruce,  Sadler,  burgess  of  Abd.,  for  the  relief  of  the  latter,  who  had  become  cautioner 
for  John  Bruce  in  an  obligation,  granted  by  him  to  Gabriel  Lithgo,  Meassone  in  Abd., 
Robert  Cruickshank,  burgess  there,  and  the  heirs  of  Alexr.  Pirie,  Wreicht  there. 

Renunciation  and  Discharge.  In  consideration  of  the  sum  of  1200  merks  paid 
to  them  by  Alexander  Lyone  of  Bracka,  who  had,  as  assignee  of  James  Gordoune  of 
Bracka,  right  to  redeem  the  subjects,  John  Petrie,  sometime  in  Cubyris  of  Bolquhane, 
but  then  in  Quhytwalls,  Marjorie  Gordoune,  his  wife,  and  Mr.  Wm.  Petrie,  their  eldest 
son,  22  years  of  age,  acknowledged  to  be  redeemed  the  subjects  following,  viz.  :  Quhyt- 
walls, Bruimfauld,  F"arquhars  Croft,  Pypers  Croft  and  Mortimers  Croft,  all  in  the  parish 
of  Logiedurno.  Bruimfauld  was  described  as  lying  on  the  West  side  of  the  corn  yard  of 
Bracka.  The  entry  is  of  considerable  length,  and  contains  various  other  particulars  of 
the  transaction. 

12.  Loosings  of  Arrestments.     John  Farquharson  in  Tillecairne  v.  Thomas  Esplein 

in  Newbiging.     Cautioner  Alexr.  Reid  in  Drumnahuiff. 

14.  Katherine  Fraser,  widow  of  Wm.  Forbes  of  Corsindaye  v.   Patrick  Gordoune  in 
Corsindaye  and  also  Wm.  Younge  there,  John  Elmslaye  there,  Robert  Paton  there  and 
Walter  Molysone  there.     Cautioner  for  Gordoune  Robert  King  in  Auchmilane  and  for 
the  others  the  said  Patrick  Gordoune. 

Assault— Blood-drawing.  The  Crown  v.  James  Forbes  in  Kinellar.  Cautioner 
John  Moir  in  Kairnetraidlzean.  The  party  said  to  be  assaulted  was  John  Able  in 
Kinellar. 

15.  Loosings  of  Arrestments.     Mr.  Wm.  Forbes,  Minister  at  Kindrimmie  v.  Mr. 
Wm.  Davidsone,  Minister  at  Auchindoir.     Cautioner  Mr.  Thomas  Davidsone,  Com- 
missary Clerk  of  Abd. 

17.  James  Smyth  in  Peterheid  v,  Patrick  Farquhar,  burgess  of  Abd.     Cautioner  Alexr, 

Hall,  Cordoner,  burgess  of  Abd. 

255 


Aberdeenshire  Sheriff  Court : 

1621. 

Novr.  21.  Loosings  of  Arrestments.     Katherine  Fraser,  widow  of  Wm.  Forbes  of  Corsin- 

daye  v.  John  Crombie  and  others  in  Balwack.     Cautioner  Wm.  Forbes  of  Monymask. 

23.  Bessie  Chalmer,  daughter  of  the  late  John  Chalmer  of  Fintray  v.  Isobel  Chalmer, 

her  sister.     Cautioner  Arthur  Chalmer,  burgess  of  Abd. 

27.  John  Calder  of  Newtoune  v.   Wm.   Ronald  in  Easter  Migvie.      Cautioner  John 
Gordoune  of  Auchterellone. 

28.  George  Tavidall  in  Rene,  John  Tavidall  and  Janet  Tavidall  in  [?]  Bankinenter  v. 
Margaret  Andersone,  widow  of  Andrew  Tavidall  in  Glenniestoune.     Cautioner  Thomas 
Watsone,  Messone  in  Auld  Rain. 

27.  Wm.  Leslie  of  Ryhill  v.  George  Archibald  alias  Leith  in  Buchanstoune.    Cautioner 

Andrew  Archibald,  Chirurgiane  in  Auld  Craige. 

Deer.    3.  Mr.  Wm.  Davidsone  of  Ord  v.  James  Forbes,  sometime  in  Feddie.     Cautioner 

Duncan  Blakhall  in  Clerkseatt.  • 

6.  John  Forbes  of  Petsligo  v.  Alexr.  Wood  in  Auchindarge,  Wm.  Spence  in  Mekill 

Tibbertie,  Isobel  Marr  there  and  Robert  Hardie  there.  Cautioner  Robert  Spence  in 
Mekill  Tibbertie.  The  Laird  of  Petsligo  was  here  suing  as  assignee  to  Anna  Forbes, 
"  Ladie  Foverane." 

12.  Margaret  Dickie  in  the  Over  milne  of  Kintoir  v.  George  Black  in  Nethirtoune  of 
Knockinblevvis.     Cautioner  John  Black  at  the  Chappell  of  Garioche. 

Horse  Stealing.  The  Procurator  Fiscal  v.  George  Hay,  sometime  in  Miltoune  of 
Birnes.  Cautioner  Wm.  Keith  in  Gavall.  The  charge  was  of  stealing  "  ane  broune 
naige  from  George  Gordoune  of  Gicht  and  Thomas  Torrie  in  Maines  of  Birnes." 

Loosings  of  Arrestments.  Patrick  Leythe  of  Mongarie  v.  Adam  Gordoun  in 
Fulzemont.  Cautioner  John  Gordoun  of  Crag  of  Auchindoir. 

13.  Mr.  Alexr.  Keythe  of  Bankwall  v.  Edward  Reid,  sometime  in  Bankwall,  but  then 
in  Brigend  of  Tyiie.     Cautioner  Thomas  Cowye,  elder,  burgess  of  Abd. 

15.  Thomas  Cheyne  of  Rainystoune  v.  Win.  Milne  in  Drumrossie.     Cautioner  Wm. 

Forbes,  Fiar  of  Barnes. 

29.  Alexander  and  Henry  Annand  v.  Archibald  Mar,  Serjand  in  Abd.     There  had 
been  arrested  four  bolls  of  beir  in  the  hands  of  Alexr.  Blackball,  burgess  of  Abd. 

1622. 

Jany.     5.  Robert  Clerk  in  Ouchmull  v.  James  Smythe,  younger,  in  Perslaye.     Cautioner 

James  Smythe  in  Perslaw.  Ten  marks  arrested  in  the  hands  of  Gilbert  Gordone  in 
Kintoir. 

14.  George  Lamb  in  Over  Rothie  v.  James  Smythe  in  Camaloun.     Cautioner  Alexr. 
flervie,  burgess  of  Abd. 

256 


Judicial  Enactments:  Vol.  in.,  Contents 

1622. 

Jany.  15.  Loosings  of  Arrestments.     Mr.  Wm.  Forbes  of  Cragiewar  v.  Alexr.  Forbes  at 

the  Milne  of  Towie.    Cautioner  John  Johnstoun  in  Inglistoune. 

22.  George  Ogstone  of  Auchmacludie  v.  Edward  Michie  in  Auldtoune  of  Auchiries. 

Cautioner  Alexr.  Fraser  in  Memsie. 

26.  "  The  Masteris  and  Memberis  of  the  New   Colledge  of  Abd.  callit  Marchiall 

Colledge  "  v.  Jean  Lumsden,  widow  of  Alexr.  Chalmer,  sometime  Provest  of  Abd. 
Cautioner  Alexr.  Chalmer,  burgess,  her  son.  Special  arrestments  had  been  made  in 
the  hands  of  George  Scot,  Alexr.  Blackball  and  Gilbert  Makie,  burgesses.  [Vide  10 
May,  1621,  supra.] 

Febry.  i.  Obligation  for  Upkeep  of  Houses.      Three  tenements  on  the  east  side  of  the 

High  Street  of  Old  Abd.,  of  which  Marjorie  Vaus,  widow  of  Duncan  Barkar  there,  had 
the  liferent,  had  been  comprized  at  the  instance  of  George  Bruce,  Saddler  in  Abd.,  for 
500  merks.  John  Barkar,  "Citiner  in  Auld  Abd.,  now  became  cautioner  that  the 
widow  would  at  her  death  leave  the  property  "  in  as  guid  estait  and  valor  as  the  samen 
was  comprysit." 

7.  Loosings  of  Arrestments.     Robert  Skeyne  of  Tullibrak  v.  Patrick  Fouller  in 

Drumnaheithe.     Cautioner  Alexr.  Thomsone,  occupiar  of  8  oxengait  of  Hilforrest. 

20.  James    Gordoune    of   Blairnedinnie  v.   John  Walkar  there.      Cautioner  Patrick 

Gordoune  of  Kirkhill. 

25.  William  Troupe  of  Belnacraige  v.  Thomas  Andersone  in  Belhangie.     There  was 
a  special  arrestment  here  of  the  "  timber  of  his"  (Andersone's)  "  occupatioun  of  the 
saids  Lands  of  Belhangie  sick  [as]  pannis  ruiffis  postis    forckis    teills    lockis   dores 
windowes."     Cautioner  Sir  Alexr.  Gordone  of  Clunie,  knight. 

Assault— Blood-drawing.  Alexr.  Leslie,  lawful  son  of  John  Leslie,  elder,  of 
Balquhane  v.  John  Leslie  of  Badeforray.  The  assault  was  said  to  have  been  committed 
on  the  lands  of  Balquhane  during  the  current  month  "  with  ane  daiger."  Cautioner 
Robert  Crichtoune  of  Condland. 

26.  Loosings  of  Arrestments.     Constantine  Broune  in  Cartmyrs  v.  Andrew  Robert- 
sone  in  Kirktoune  of  Tyrie.     Cautioner  Thomas  Robertsone  of  Douhills  [or  Donhills]. 

28.  Patrick  and  Nicol  Ross  of  Auchlossin  v.  Patrick  Irving,  Messenger  in  Carnebady. 

Cautioner  Robert  Gordoune  in  Torquhunlachie. 

March  6.  Renunciation  of  Occupation.     James  Burnet,  Maltman  in  Frasersbruche,  re- 

nounced a  croft  there  called  "  Kinnards  fauld,"  in  favor  of  Archibald  Ramsaye  of 
Culsche. 

Loosings  of  Arrestments.  Alexr.  Younge  in  Fingask  v.  Isobel  Keythe  in 
Fraserburgh.  Cautioner  Alexr.  Andersone,  burgess  and  "  Wreicht"  in  Abd. 

1 8.  Patrick  Con  of  Crewlen,  Baillie  to  Francis,  Earl  of  Erroll  v.  George  Blak  in  Was- 

birnes.  Cautioner  George  Walker,  occupiar  of  8  oxengait  there.  400  merks  in  the 
hands  of  John  Moresone,  burgess  of  Abd.,  was  specially  arrested. 

KK  257 


Aberdeenshire  Sheriff  Court: 

1622. 

Mar.  25.  Assault — Blood-drawing.     George  Bourlay  in  Inverourie  v.  Win.  Dauidsone  in 

Auld  Harthill.     Cautioner  Hector  Dauidsone,  Mailman  in  Abd. 

26.  Loosing  of  Arrestment.     Patrick,  Bishop  of  Abd.  v.  George  Mathesone  in  Kin- 

kell.  "  The  tymber  of  the  houssis  kill  and  killbarne,  meadowes  hayning  and  hauch 
grund  "  were  specially  arrested.  Cautioner  Alexr.  Mathesone,  burgess  of  Abd. 

April    6.  Renunciation  of  Occupation.      James  Burnet,  Mailman  in  Frasersbruche,  re- 

nounced his  rights  to  "  Mowals  hillocks  lyand  on  the  Shaddow  syd  of  Frasersbruche 
withe  the  peice  weit  land  lyand  as  said  is  logidder  with  the  outsted  houssis,  &c.,  lyand 
betuixl  the  Bredsea  &  Kynnards  Held."  The  renunciation  was  made  in  favor  of  James 
Cheyne  in  Aucheiries,  Wm.  Dowerlie  in  Fingask,  Sir  Alexr.  Fraser  of  Frasersbruche, 
knighl  and  Alexr.  Fraser,  domestic  servant  to  the  said  Sir  Alexander,  according  to 
iheir  respeclive  righls. 

13.  Loosings   of  Arrestments.      George  None  and  John  Kandachie  in  Coulls  v. 

Abraham  Milne  in  Coclarachie.     Caulioner  James  Milne  Ihere. 

Gilberl  Ronaldsone  in  Blackhillock  v.  Alexr.  Ronaldsone  and  John  Thomsone  in 
Leddauche.     Caulioner  Alexr.  Norie  in  Leddauche. 

17.  Wm.   Leask  of  that    Ilk  v.   Edward  Adamsone  at  the  Milne  of  [sic]  Tiwerlie. 

Cautioner  George  Adamsone  in  Blairtoune.  Corn  standing  in  Knapisleask  was  specially 
mentioned. 

26.  William  Lyndsay,  burgess  of  Abd.  v.  James  Moresone,  brolher  of  Thomas  More- 

sone  in  Auld  Gowell.     Caulioner  Ihe  said  Thomas  Moresone. 

May      I.  Alexr.  Murray  in  Jakisloune  v.  Patrick  Chessour  there.     Caulioner  Magnus  Mowat 

in  Yewbraye. 

8.  Renunciation  and  Discharge.     This  was  a  renunciation  by  Helen  Hay,  con- 

sented to  by  her  husband,  Alexander  Gordoun  in  Elrick,  of  the  lands  of  Elrick  in  the 
Parish  of  Deir,  in  favor  of  William,  Lord  Keithe,  &c.  The  wife  appeared  in  Court, 
while  the  husband  gave  his  consent  in  Ihc  dwelling-house  of  Robert  Keithe,  burgess  of 
Abd. 

II.  Loosings  of  Arrestments.     John  Innes  in  Elphine  v.  Alexr.  Cheyne  in  Auld 

Abd.     Cautioner  Alexr.  Buchan  al  Ihe  Milne  of  Brigfeildes. 

16.  Alexander  Forbes  of  New  v.  Patrick  Geall  in  Tullochespick.     Caulioner  George 

'  Scott,  burgess  of  Abd.     The  specification  of  timber  work  here  included  "  porpell  walls  " 
fparlilions]. 

22.  Renunciation  and  Discharge.      Margaret  Murray,  wife  of  Wm.  Spens  at  the 

Milne  of  Williamsloune,  appeared  lo  renounce  in  favor  of  "  ane  noble  and  potent  Lord, 
David,  Vicont  of  Slormonlhe,"  all  her  rights  of  [?]  Baighall  in  Ihe  Lordship  of  Scone 
and  County  of  "  Pearlhe." 

258 


Judicial  Enactments :  Vol,  EL,  Contents 

1622. 

May   22.  Loosing  of  Arrestment.     Margaret  Innes,  lawful  daughter  of  the  late  Robert 

Innes  of  Meikill  Elrick  v.  Wm.  Couper  at  the  Milne  of  Elrick.  Cautioner  George 
Petrie  in  Meikll  Elrick. 

25.  Renunciation  and  Discharge.     This  entry  refers  to  the  marriage  settlements  of 

Elizabeth  Campbell,  daughter  of  Sir  Duncan  Campbell  of  Glenurquhaye,  knight,  and 
his  wife  Dame  Elizabeth  Sinclair,  on  her  marriage  to  Robert  Irving  of  Feddraucht,  son 
of  Alexr.  Irving  of  Drum.  The  amount  to  be  paid  to  Irving  of  Drum  as  tocher  was 
11,000  merks.  The  date  of  the  marriage  contract  is  not  given,  but  a  bond  for  the 
amount  of  the  tocher  had  been  granted  by  Sir  Duncan  Campbell  and  his  son,  Colin 
Campbell,  Fiar  of  Glenurquhaye,  in  favor  of  Elizabeth  Campbell,  on  23  April,  i6ig. 
In  respect  of  that  obligation  she  now  gave  a  full  discharge  and  renunciation,  not  only 
of  the  obligations  in  the  marriage  contiact  but  of  her  legilim  and  all  other  claims 
"  except  and  allways  the  benevolence  and  guidwill  "  of  her  father,  mother  and  brother. 
Her  husband,  as  usual  in  these  cases,  then  appeared  and  confirmed  his  wife's  act. 

27.  Loosings  of  Arrestments.     George  Gordoune  at  the  Kirktoune  of  Tillenessill  v. 

Andrew  Clerk  in  Terpersie.     Cautioner  Mr.  Andrew  Clerk,  Advocate  in  Abd. 

29.  Robert  Lumsden,  younger  of  Cuschnie  v.  Robert  Morgne  in  Cuschnie.     Cautioner 
Mr.  Robert  Udnie  of  Lambingtoune. 

Assault — Blood-drawing.     The  Procurator  Fiscal  and  Andrew  Davidsone  at  the 
Doip  Mylne  v.  John  Peirie  in  Essilmont.     Cautioner  John  Iloig  in  Rubislaw. 

30.  Removing.     Alexr.  llervie  in  Watertoune,  as  principal  takisman  under  Andrew 
Fraser  of  Stenniewod  v.   Wm.   Reid  at  the  Milne  of  Watertoune,  who  consented  to 
remove  on  Whitsunday  Even.     Reid  farther  bound  himself  to  leave  the  Milne,  Milne 
houses  and  other  houses  as  good  as  they  had  been  at  his  entry,  at  the  sight  of  Thomas 
Pirie  at  the  Milne  of  Dilsproe  and  John  Simsone  at  the  Milne  of  Sklettie  or  to  pay 
deterioration.     He  also  admitted  being  due  for  rent  crop  1622  46  merks,  5  capons  at 
6/8  each  and  5  bolls  and  I  firlot  of  meal.     A  similar  entry  follows  regarding  the  Milne 
Croft  of  Watertoune. 

June      I.  Loosings  of  Arrestments.     George  Gordoune  of  Tillenesill  v.  John  Leithe  in 

Cunteswalls.    Grain  on  the  "  toune  of  Collquhirnie."    Cautioner  Wm.  Clerk  in  Auchlie. 

John  Chalmer  in  Drumbulge  and  James  Gordoune  of  Knockaspak,  his  tutor  v.  John 
Watt  in  Drumbulge  and  James  Hendrie  there. 

5.  Wm.    Forbes  of  Monymusk  v.    Robert   Smythe  in  Coullie.      Cautioners  James 

Smythe,  Saddler,  burgess  of  Abd.  and  Thomas  Collie  in  Fetterneir. 

Alexander,  Earl  of  Dunfermling,  Lord  Fyvie  and  Urquhart  v.  John  Watsone  in 
Hill  of  Pettie.     Cautioner  Alexr.  Cheyne,  burgess  of  Abd. 

John  Fraser  of  Meikill  Elreick  v.  William  Wilsone  there.    Cautioner  Alexr.  Donald- 
sone  in  Tollie-Arnage. 

259 


Aberdeenshire  Sheriff  Court: 

1622. 

June     6.  Loosings  of  Arrestments.     James  Kie  at  the  Milne  of  Forrest  v.  John  Steiven- 

sone  at  the  Milne  of  Turreff.     Cautioner  Wm.  Forbes,  burgess  of  Abd. 

Gilbert  Meingzies  of  Petfoddells  v.  Thomas  Earnsyd  in  Coulie.  Cautioner  Wm. 
Earnsyd  in  Tillimad  who  signed  "  Irnsyd." 

Wm.  Scuttertie  in  Clochorbie  v.  Marjory  Forbes,  widow  of  Rol>ert  Shand  in 
Clochorbie.  Cautioner  Wm.  Copland  of  Arden. 

7.  Wm.  Forbes  of  Blair  v.  James  Muirisone  in  Kinguidie.     Cautioner  George  Bruce, 
Saddler,  burgess  of  Abd. 

George  Ker  in  Benwalls  v.  Andrew  Gammak  there.  Cautioner  Wm.  Petindreiche 
in  Cortaillhoussis. 

8.  Mary  Cruckshank,  liferentrix  of   the  two  part  of  Rothmaes,  George   Leslie,  her 
husband,  and  John  Gordoune,  her  son  v.  John  Garden  in  Rothmaes.    Cautioner  Robert 
Garden,  liferenter  of  4  oxengait  of  Tocherfuird. 

10.  Mr.  Wm.  Andersone  [probably  the  Sheriff  Clerk],  Wm.  Lange,  his  son-in-law,  and 

Bessie  Andersone,  his  wife  v.  Elspet  Thorntoune,  widow  of  John  Lange,  burgess  of 
Abd.  Cautioner  David  Ronaldsone,  burgess  of  Abd.,  whom  Patrick  Lange  or  Layng 
bound  himself  to  relieve. 

John  Chalmer  in  Drumbulge  and  James  Gordoune  of  Knockaspack,  his  tutor  v. 
George  Milne  in  Ilaltoune  of  Drumbulge.  Cautioner  John  Gordoune  of  Haltoune  of 
Drumbulge. 

12.  Renunciation  and  Discharge.     This  and  the  following  entries  bear  upon  the  pur- 

chase by  Dr.  Arthur  Johnston  of  his  house  in  the  Gallowgate,  which  is  described  in  the 
text.  Isobel  Burnet,  widow  of  John  Burnet,  burgess,  appeared  and  renounced  her 
conjunct-fee,  liferent  or  any  other  right,  which  she  had  or  might  claim  "  in  favores 
of  Mr  Arthur  Jhonestoune  Doctor  of  Physick,  and  Marie  Cagnoncle  his  spous  now 
heritable  proprietars  and  conjunctfiers  "  of  the  property. 

Loosings  of  Arrestments.  Alexr.  Graye,  burgess  of  Abd.  and  Isobel  Corsser, 
his  wife  v.  Thomas  Burnet,  burgess  of  Abd.  Cautioner  Alexr.  Andersone  in  Tillenturk, 
whom  Mr.  Wm.  Burnet,  Minister  at  Kinarnie,  bound  himself  to  relieve.  Graye  and 
his  wife  were  creditors  of  Burnet  in  the  sum  of  £,200  and  £80  of  liquidate  expenses. 
In  security  they  used  an  arrestment  in  the  hands  of  "  Mr  Arthur  Jhonstoune  Doctor  of 
Physick"  of  1600  merks  said  to  be  due  by  him  to  Burnet,  which  was  doubtless  the 
price  or  part  of  the  price  of  the  house  in  the  Gallowgate. 

James  Jhonstoune  in  Isaakstoune  v.  Mr.  Wm.  Burnet,  Minister  of  Kinarnie. 
Cautioner  Patrick  Skeyne  [of  or  in]  Baindindodle.  There  was  an  arrestment  here  also 
in  Dr.  Arthur  Johnston's  hands  of  ^1000  "less  or  mair  "  in  security  of  300  merks 
claimed  from  the  Minister  at  Kinarnie. 

James  Gordoune  of  Knokespak  v.  John  Williamsone  in  Fywie.  Cautioner  Mr. 
Robert  Elphinstoun  of  Kinbroyme. 

260 


Judicial  Enactments:  Vol.  IE.,  Contents 

1622. 

June  12.  Loosings  of  Arrestments.     Alexr.  Calder  of  Assloune  v.  Alexr.  Duncan  in  Little 

Endovie.     Cautioner  George  Garioche,  portioner  of  Kinstair. 

13.  Wm.  Name  in  Bogstoune,  Duncan  Name  in  Knokisoull  and  John  Calder  of  Eister 
Migvie  for  his  interest  v.  Alexander  Bruce  in  Grodie.     Cautioners  Alexr.   Forbes  in 
Lairnie  and  Wm.  Forbes  in  Pettalachie,  the  latter  of  whom  bound  himself  to  relieve  the 
former.     In  addition  to  the  usual  obligation  that  the  arrested  effects  should  be  forth- 
coming, the  cautioners  bound  themselves  that  Bruce  should  "  do  ressone  to  Lord  and 
ground  as  accords  of  the  law  and  all  that  he  aucht  to  do  be  law  and  ressone." 

James  Robertsone  at  the  Milne  of  Culquhork  v.  Alexr.  Forbes  in  Learnie. 
Cautioner  Arthur  Forbes  of  Cuschnie. 

14.  George,  Marqueis  of  lluntlie,  &c.  v.  Mr.  Alexr.  Gordoune,  Minister  at  Glenmuck. 
Cautioner  Thomas   Gordoune  at  the    Milne  of  Ardgeithe.       Peats,   &c.,   which   the 
Minister  had  cast  both  in  1621  and  1622  "  in  the  Moiss  and  correis  of  Braychelie." 

Renunciation  and  Discharge.  In  this  entry  is  contained  the  acknowledgment 
by  Robert  Coutlis  of  Auchtercoull  that  he  had  received  from  Wm.  Gordoune  of  Abir- 
zeldie  10,000  merks  for  the  redemption  of  the  lands  of  "  Eistoun  with  the  pendicles  of 
the  samen  callit  Knowheid  and  Indago "  in  the  parish  of  Tarlane  and  Barony  of 
Abirzeldie,  which  had  been  wadset  by  Gordoune  to  Couttis. 

Loosing  of  Arrestment.  Patrick  Gell  in  Grodie  ».  Arthur  Forbes  in  Miltoun  of 
New,  brother  german  of  Wm.  Forbes  of  Tornaveine,  who  was  cautioner  for  him.  250 
merks  in  the  hands  of  Patrick  Leslie  of  Flinder. 

Renunciation  and  Discharge.  Annas  Keithe,  wife  of  Adam  Gordoune  of 
Boigholl  in  the  parish  of  Saint  Machar,  appeared  and  renounced  her  rights  to  Boigholl 
and  also  to  the  astricted  Multures  of  the  Barony  of  "  Bissopeshyr  lyand  on  the  northe 
syd  of  the  water  of  Done"  in  favor  of  John  Duff,  burgess  of  Abd.,  to  whom  the  lands 
and  others  had  been  alienated. 

Loosings  of  Arrestments.  John  Keithe  of  Carnetraidzlain  v.  Wm.  Collie  in 
Ardeharrall.  Cautioner  Alexr.  Williamsone,  burgess  of  Abd. 

Mr.  George  Leslie  in  Birsackis  Milne  v.  John  Gordoune  in  Feddie.  Cautioner 
Wm.  Forbes  in  Auchincleche. 

17.  John  Leslie  of  Petcapill  v.  George  Baird  of  Auchmedden.     Cautioner  Mr.  Gilbert 
Baird  in  Auchmedden. 

1 8.  Removing.     Thomas  Meingzies  of  Balgownie  v.   Mr.  Thomas  Gordoune  some- 
time in  Kethockismilne.      With  consent  of  Alexr.   Hervie  in  Inverurie  and  George 
Midltoune  "  ane  of  the  ordinar  Clerks  of  the  Commissariot  of  Abirdein,"  his  curators, 
Gordoune  granted  himself  orderlie  removed  from  the  Milne  as  at  Whitsunday  preceding. 

261 


Aberdeenshire  Sheriff  Court: 

1622. 

June    18.  Loosings  of  Arrestments.     George  Cuschnie,  "  Blindman  at  the  Brig  of  Done," 

v.  Alexr.  Cuschnie,  "Blind  Wirlar,"  z  son  of  John  Cuschnie,  Tailzeour  in  Meikill 
Fynnersie,  who  was  cautioner  for  him. 

19.  James  Gordoune,  apparent  of  Lesmoir  v.  Adam  Gordoune,  sometime  of  Boigholl. 
Cautioner  John  Walkar  of  Creichie.     9000  merks  [probably  the  price  of  Boigholl]  in 
the  hands  of  John  Duff,  burgess  of  Abd. 

Judicial  Ratification.  Sir  Alexander  May  of  Delgatie,  knight,  had  wadset  his 
lands  of  Ashalloche  in  Croudane  to  George  Hay,  third  lawful  son  of  Alexr.  Hay  of 
Brunthill.  This  alienation  his  wife,  Dame  Isobel  Leslie,  now  consented  to  and  ratified. 

17.  Loosing    of  Arrestment.      John   Youngsone   in    Auchmalidie   v.   Gilbert   and 

Andrew  Low  there.     Cautioner  Arthur  Forbes,  burgess  of  Abd. 

20.  Renunciation  and  Discharge.     The  lands  were  the  lands  of  Ardfork  and  Tempil 
lands  of  Ardfork  in  the  parish  of  Bethelnie  and  Barony  of  Meldrum.     Elspet  Meldrum, 
wife  of  Andrew   Meldrum  of  Ardfork,  here  renounced  her  rights  in  favor  of  Wm. 
Seatone  of  Meldrum. 

22.  Loosings  of  Arrestments.     John  Moir  in  Cask  of  Crudane  v.  James  Daniall 

in  Kinknockie.     Cautioner  Wm.  Daniall  in  Perckok. 

John  Scot  in  v.  Wm.  Smythe  in  Ardune.     Cautioner  Andrew  Johnstoune, 

Meassone  in  Abd. 

27.  Alexr.  Calder  of  Asloune  ?;.  John  Clerk  in  Baphluige.     Cautioner  Alexr.  Lawsone, 

Tailzeour  in  Kincraigic. 

22.  James  Forbes  of  Ilauchtoun  v.  Wm.  Gariauch  of  Tillichettill.     Cautioner  Robert 

Merser,  Messenger,  burgess  of  Abd. 

July      3.  Renunciation  and  Ratification.     By  her  appearance  on  this  day  Helen  Cheyne, 

wife  of  Wm.  Udny  of  that  Ilk,  renounced  any  rights  she  might  have  to,  and  ratified  the 
alienation  of  Mains  of  Uclnye,  Killinortoune  and  Tilleeave  to  Wm.  Setoune  of  Mownye, 
elder,  in  liferent,  and  failing  him  to  Wm.  Setoune,  younger,  his  eldest  son.  The 
parties  to  the  contract,  which  was  dated  22  June  and  3  July  then  current,  were,  on  the 
one  part,  Wm.  Udny,  his  brothers,  Mr.  Robert  and  Mr.  Alexander,  his  wife  and 
Meatie  [Matilda]  Gordone,  his  mother-in-law  ;  on  the  other  part,  Wm.  Seatone  for 
himself  and  his  eldest  son. 

6.  Loosing  of  Arrestment.     Henry  Smart  in  Kintoir  v.  David  Andersone  there 

and  Robert  Andersone,  his  son.  Cautioner  Wm.  Forbes  in  Kinmundie.  Peats  in  the 
Commonly  of  Kintoir. 

I  This  word  has  not  been  found  elsewhere,  but  was  probably  meant  to  describe  a 
stunted  or  diminutive  individual  whom  in  these  days  we  would  probably  call  in  local  phrase 
an  "object." 

262 


Judicial  Enactments:  Vol.  HI.,  Contents 


1622. 

July     12.  Removing'.     George  Gordoune  of  Coclarachie  v.  John  Chalmer,  sometime  at  the 

Milne  of  Over  Blairtoune,  then  in  South  Colpnaye.  Chalmer  granted  himself  lawfully 
removed,  as  at  Whitsunday  in  favor  of  Gordoune,  as  heritable  proprietor  of  the  Milne, 
&c. 

15.  Loosings    of  Arrestments.      John    Frame  in  Torphins   v.  John   Dick   there. 

Cautioner  James  Clerk,  Wobster,  burgess  of  Abd. 

19.  Thomas  Meinzies  of  Balgownie  v.  Mr.  Thomas  Gordoune,  sometime  in  Kethocks- 
milne,  then  in  Ariburne.     Cautioner  Gilbert  Hervie,  burgess  of  Abd. 

Alexr.  Ramsay  in  Kirktoune  of  Echt  v.  Arthur,  William  and  Alexander  Monecht 
in  the  Manes  of  Monecht,  as  intromitters  with  the  effects  of  the  late  Wm.  Monecht 
there.  Cautioner  Robert  Forbes  of  Tilleoche. 

20.  John  Davidsonc  in  Blachillock  v.  Edward  Youngsone  in  Litle  Gicht.     Cautioner 
Wm.  Pratt,  occupier  of  8  oxengait  there. 

Sir  Alexr.  Hay  of  Dulgatie  v.  Alexander,  Maister  of  Forbes,  and  his  tenants  of 
Meikill  Fintraye.  The  peats,  &c.,  in  the  moss  called  the  "  reid  "  moss  in  the  parish 
of  TurrerT.  Cautioner  John  Mitchell  in  Snaw  Place.1 

31.  John  Calder,  Merchand  v.   Margaret  Sandie  in  Culsche  of  Feddrett,  widow  of 

Patrick  Fynnie  in  Culsche,  sometime  in  Brucehill.  ^40  in  the  hands  of  John  Brydie 
in  Baithleme.2  Cautioner  Win.  Fynnie  in  Greinness. 

Augt.    2.  Wm.   Murdo  in  Inverchumbrie  v.  Wm.   Daniell  in  Perckok.     Cautioner  James 

Daniell  in  Kinknockie. 

6.  Mr.  Wm.  Forbes  of  Craigiewar  v.  Robert  Cruickshank  in  Seattis,  Andrew  Simmer, 

James  Simmer,  Thomas  Davidsone,  John  Beiddie,  John  Garden,  Henry  Arbuthnot 
and  Gilbert  Suape  all  in  Disblair.  The  defenders  had  been  cutting  peats  on  the  lands 
of  Fintraye  on  the  south  side  of  the  "  Reid  burne."  Cautioner  Wm.  Setoune  of 
Disblair. 

Alexr.  Skeyne,  portioner  of  Tulloche  v.  George  Petrie  in  Migvie.  Cautioner 
Thomas  Cowtis,  Messenger  and  occupier  of  4  oxengait  of  Migvie. 

9.  Wm.  Gordoune  of  Abirzeldie  v.  Duncan  Makwilliame  in  Kirktoune  of  Glentanner. 

Cautioner  Thomas  Elmslaye  in  Glentanner. 

13.  Tutory.     John  Leslie  of  Wardes,  having  been  appointed  Tutor  Dative  to  John 
Gordoune,  eldest  lawful  son  of  the  late  John  Gordoune,  apparent  of  Avachie,  found 
Gilbert  Leslie,  burgess  of  Abd.,  cautioner  for  his  faithful  exercise  of  the  office.     The 
date  of  the  gift  was  I  July,  1622. 

14.  Loosings  of  Arrestments.     John  Leslie  of  the  Cheppell  v.  Andrew  Archibald, 
alias  Leithe,  in  Auld  Craig.     Cautioner  Hector  Davidsone,  burgess  of  Abd. 

10.  James  Watsone  in  Newloune  of  Sheiwes  v.   David  Cone  in   Kellie.     Cautioner 

Robert  Pirie  in  Justice  Milnes. 

I  Probably  in  Old  Aberdeen.  2  Now  Bedlam. 

263 


Aberdeenshire  Sheriff  Court : 

1622. 

Augt.  28.  Curatory.     Mr.  Arthur  Jonston,  Doctor  of  Physick,  on  the  narrative  that  he  was 

"  passing  out  of  the  realtne  and  uncertane  of  his  returning,"  appointed  Mr.  Duncan 
Forbes  of  Balnagask,  John  Forbes,  his  eldest  lawful  son,  and  Gilbert  Jhonstoune  of 
Forresterhill  as  Curators  ad  tiles  et  negolia  to  his  children,  "James  Lodvice  Nicolas 
and  George,  Marie  and  Susanna."  The  entry  was  signed  by  him  (with  the  letters 
D.M.  after  his  name)  and  by  the  Sheriff  Depute. 

30.  Loosings  of  Arrestments.     Wm.  Leslie,  burgess  of  Abd.  v.  John  Slot,  Flashour 

there.     Cautioner  John  Troup,  burgess  there. 

Septr.  5.  Mr.  James  Forbes  of  Ilauchtoune  v.  Thomas  Duncane  in  Montgarie.     Cautioner 

David  Simsone,  burgess  of  Abd. 

7.  Andrew  Meldrum  of  Muirs  of  Fyve  v.  Patrick  Cheyne  in  Kairthin.     Cautioner 

Thomas  Cuming,  citizen  in  Auld  Abd. 

John  Meldrum  at  the  Milne  of  Saock  v.  Magnus  Smythe  in  Creimound.     Cautioner 
Wm.  Haye  in  Nethirtoune  of  Creimondgorthc. 

John  Chalmer  of  Balnacraige  v.  Patrick  Aidie  in  Stranduff.     Cautioner  Thomas 
Fraser  in  Auld  Beltie. 

10.  James  Gordone  of  Knockaspak  v.  Alaster  McAndrow  in  Steagamache.     Cautioner 

Peter  Schewane,  burgess  of  Abd. 

17.  John   Gordoune  of  Craibstoune  v.  James  Andersone  alias  Walkar  in  Milnehill. 

Cautioner  James  Strachyne,  Merchand,  burgess  of  Abd.  The  crop  growing  upon  the 
"  pownd  fauld  of  Sklaittie." 

19.  George,  Robert  and  John  Mitschell,  "  bairnes  to  umquhill  Chirstie  Mitschell  and 
Alexander   Maister   of    Forbes   for   his   entres "   v.    Mr.   John   Duncane   in    Rynnie. 
Cautioner  Gilbert  Stevine,  burgess  of  Abd.     The  crop  upon  Barflet. 

20.  Patrick  Sinclair  of  Auchrenie  v.  Wm.   Robertsone  in  Skillimarnoe.      Cautioner 
Robert  Keith  of  Auldmad. 

21.  John  Cadell  of  Migwie  v.  Charles  Dun  in  Kinkell.      Cautioner  Walter  Dun  in 
Mamewlay. 

27.  Renunciation  and  Ratification.      Mcatie  [Matilda]  Gordoune,  widow  of  Wm. 
Udnie  of  that  Ilk,  and  Helen  Cheyne,  wife  of  Wm.  Udnie,  sometime  of  that  Ilk,  then 
of  Tillieave,  by  this  Act  renounced  their  rights  (i)  in  the  lands  of  Tillirye  com'eyed  by 
Win.  Udnie  on  the  same  day  to  John  Setoune  of  Minnes  and  (2)  in  the  lands  of  Minnes, 
Crabidonald  and  Auchlowne,  formerly  conveyed  to  him.     The  widow  also  ratified  a 
conveyance  granted  by  her  on  that  day  in  favor  of  Wm.  Udnie  of  the  lands  of  Tillieave. 

28.  Loosings  of  Arrestments.     George  Eaird  of  Auchmedden  v.  Thomas  Bruce  in 
Petnacadell.     Cautioner  John  Bruce,  Merchant  in  Petnacadell. 

Octr.     5.  John  Gordoune  of  Auchlerellon   v.   John   Mackcolmie  in  Brumhill.      Cautioner 

Wm.  Reauche  in  Waster  Brayroddack. 

264 


Judicial  Enactments :  Vol.  EL,  Contents 

1622. 

Octr.    8.  Loosings  of  Arrestments.     Robert  Hunter  in  Brumhill  v.  Thomas  Johnstoun  in 

Waster  Towmads.     Cautioner  James  Forbes,  burgess  of  Abd. 

15.  Mr.  Wm.   Barclay,  younger,  of  Kinmundies  v.  George  Gray,  John  Cuschnie  and 
John  Duncane,  all  in  Cloghill.      Cautioner  James  Cruikshank,  Merchant,  burgess  of 
Abd. 

16.  George  Forbes  of  Auchintoull  v.  Wm.  Lang  in  Asloune.     Cautioner  Tames  Calder 
fear  of  Asloune,  who  signed  "  Cadell." 

Novr.    4.  Wm.    Keith   in   Auchronyes   v.   John   Reid,   Skinner  in  Auld  Abd.      Cautioner 

Duncan  Reid,  Skinner,  burgess  of  Abd. 

8.  James  Duncane  in  Auld  Mairdrum  v.  Margaret  Williamsone  at  Dykend  of  Kirknie. 

Cautioner  John  Leask,  burgess  of  Abd. 

II.  George  Crichtoune,  elder  and  younger,  of  Creichies  v.  John  May,  younger,  burgess 

of  Abd.     Cautioner  Andrew  Milne,  Armorar  in  Abd. 

13.  Mr.  Robert  Elphingstoune  of  Kinbrume  v,  John  Brune  at  the  Cheppell  of  Garioche. 

Cautioner  Robert  Murdo,  occupier  of  8  oxengait  of  Drimmies. 

15.  Discharge   of  Wadset.      The  lands  of  Muir  and  east  half  of  Tulliche  in  the 
parish  of  Tulliche  had  been  wadset  by  James  Gordone  of  Knockaspak  to  Wm.  Far- 
quharsone  in  Cordrache  for  2000  merks,  who  now  appearing  acknowledged  that  he  had 
been  paid  by  Wm.  Gordone,  fear  of  Knockaspak,  and  declared  the  lands  redeemed. 
Two  Notaries  signed  for  Farquharsone,  the  Sheriff  depute  also  adhibi'.ing  his  signature. 

16.  Loosings  of  Arrestments.    James  Johnstoune  in  Isaakstoune  v.  Thomas  Burnet, 
burgess  of  Abd.      An  arrestment  in  the  hands  of  "  Mr.  Arthure  Jhonstoune  Doctor  of 
Physick  "  was  loosed  of  consent. 

James  Forbes  in  Kinnellar  v.  Alexr.  Irving  in  Feddraucht.  Cautioner  Robert 
Irving  of  Feddraucht. 

Report  of  Commission.  Renunciation.  There  is  entered  of  this  date  a  Com- 
mission dated  27  April,  1622,  granted  by  Thomas  Gordoune  of  Lytle  Gowell,  Sheriff 
depute,  and  Mr.  Wm.  Andersone,  Sheriff  Clerk,  in  favor  of  Mr.  James  Forbes  of 
Hauchtoune  and  Wm.  Forbes  in  Kinstair,  Notary  Public,  as  Sheriff  depute  and  Sheriff 
Clerk  in  that  part,  to  take  the  Renunciation  of  Jeane  Mowat,  wife  of  Alexr.  Calder  of 
Asloune,  of  the  lands  of  Asloune  and  Muir  in  the  parish  of  Awfuird,  and  also  the 
Renunciation  of  Janet  Foullartoune,  wife  of  James  Calder,  Fear  of  Asloune,  of  the 
lands  of  Tonley,  Findlatrie  and  Denmilnc  in  the  parish  of  Touche,  and  of  12  oxengait 
of  Dorsaill  in  the  parish  of  Awfuird.  The  Renunciations  were  to  be  in  favor  of  James 
Forbes  in  Colmellie,  by  whom  the  Report  of  the  Commission  was  handed  in  of  this 
date.  It  embraced  however  the  Renunciation  of  Janet  Foullartoune  only,  which  was 
taken  within  the  Hall  of  the  house  of  Asloune  on  5  May,  1622. 

LL  265 


Aberdeenshire  Sheriff  Court: 

1622. 

Novr.  22.  Loosings  of  Arrestments.    Mr.  Andrew  Logic,  Minister  of  Premnay  v.  Susanna 

Leithe,  widow  of  John  Forbes  of  Barnes.      Cautioner  Andrew  Forbes,  appeirand  of 
Capilhill. 

25.  Thomas  Esplein  in  Newbiging  v.  James  King  in  Cairnequhelp.    Cautioner  Andrew 

King  in  Condaclaiche. 

30.  John  Forbes  of  Polflug  v.  Gilbert  Walkar  in  Air.     Cautioner  Alexr.  Robertsone, 
"  Chirurgiane,"  burgess  of  Abd. 

Deer.  17.  James  Ogiluie  of  Blearock  v.  Robert  Aillhouss  in  Auchlochries.    Cautioner  George 

Aillhouss,  occupier  of  Milne  and  Milne  lands  of  Karmuk. 

21.  Alexr.  Volume  in  Boddome  v.  Robert  Ord  in  the  Mains  of  Inverugie.     Cautioner 
Wm.  Ord,  Wreicht,  burgess  of  Abd. 

24.  George   Bruce,    Saidler,    burgess    of    Abd.    v.    Wm.    Walkar   in    Lytle   Arnage. 

Cautioner  John  Johnstoune,  occupier  of  the  Brew  Croft  at  Cheppiltoune  of  Esslemonthe. 

28.  Helen   King,   widow   of  John    Short,  burgess   of  Abd.   v.    Mr.   Gilbert   Keithe, 
Minister  at  Bourtie.     Cautioner  John  Keith  in  Auchquorsk. 

1623. 

Jany.     7.  Robert  Keithe  in  Gavell  v.   Alexr.  Jamisone  in  Kindrocht.      Cautioner  Alexr. 

Burnet,  burgess  of  Abd. 

Manslaughter.  The  Procurator  Fiscal,  Mr.  Wm.  Barclay  v.  David  Scot  in  Hall- 
forrest.  Cautioner  Henry  Barrone  in  Auld  Abd.  The  person  whose  slaughter  was 
charged  against  Scot  was  Wm.  Smart,  sometime  in  Eicht. 

22.  Loosings    of   Arrestments.       Wm.    Ingrahame,   burgess   of  Abd.   and   John 
Ingrahame,  his  son  v.  John  Ross  in  Berriehillock.     Cautioner  John  Norie  there. 

John  Ogiluie  of  Birnes  v.  Wm.  Stewart  in  Ordley.  Cautioner  Andrew  Meldrum 
of  Muirs  of  Fyvie. 

23.  James  Paull  in  Brumehill  v.  Barbara  Aberdein,  widow  of  John  Gawane  in  Mil- 
toune  of  Fynnersie.     Cautioner  Patrick  Forbes  at  the  Milne  of  Fynnersie. 

24.  Wm.  Ross  in  Auchlosin  and  Duncan  Hall  in  Brathinche  v.  John  Leay,  portioner 
of  Wester  Camphell.     Cautioner  Mr.  James  Irving,  Advocate  in  Abd. 

29.  Andrew  Duffes,  "  Kirk  officiar  of  the  parochin  of  Auchterless  "  v.  Henry  and  Alexr. 
Umphraye  at  the  Kirk  of  Forge.     Cautioner  Robert  Reidfuird  of  Bainesholl. 

George  Gordon  of  [?  in]  Tillinessill  v.  John  Scot  in  [?]  Petmedden.  Cautioner 
David  Hendersone  in  Auld  Abd. 

31.  James  Cheyne  of  Arnage  v.  John  Glennye  in  Rannyeshill.      Cautioner  Thomas 
Glennye,  occupier  of  8  oxengait  there. 

366 


Judicial  Enactments:  Vol.  IE.,  Contents 

1623. 

Febry.  6.  Loosings   of  Arrestments.      Mr.   James    Ross,    Minister  of   Abd.   v.    Walter 

Elphinstoune,  Glassin  Wreicht,  burgess  of  Abd.     Cautioner  Wm.  Huisone,  burgess  of 
Abd.     "  Four  muskatis  and  thrie  irone  sollis  of  ane  Hoatt-press." 

8.  George  GorJone  in  [?  of]  Tillinessill  v.  Duncan  Mitchell  in  Cividlic.     Cautioner 

Arthur  Forbes,  Webster  and  Friemane  in  Abd. 

John  Gordoune  of  Crabstoune  v.  Alexr.  Galloway  in   Kingiswallis.      Cautioner 
Alexr.  Jaffray,  burgess  of  Abd.,  whose  remarkable  signature  is  appended  to  the  entry. 

14.  Assault— Blood-drawing.     The    Procurator    Fiscal,    Mr.    Wm.    Barclay,    and 
Janet  Boig  and  John  Slaiker,  her  son  v.  George  Browne  in  Auchterless,  burgess  of 
Banff.     Cautioner  George  Scot,  burgess  of  Abd. 

21.  Loosings  of  Arrestments.     George  Gordone  of  Newtoune  v.  George  Gordone 

in  Ranye.     Cautioner  George  Broune,  occupier  of  10  oxengait  land  in  Ranye. 

25.  Mr.  Wm.  Forbes,  designed  as  "now  of  Craigyuer  "  v.  James  Mortimer,  sometime 

of  Craigyver.     Cautioner  John  Edward  in  Kirkis  of  Tillifour.     Three  years  teind  duty 
of  the  lands  of  Litill  Carinday  was  claimed. 

George  Gordone  [?  in]  Tillenessill  v.  Alexr.  Simsone  in  Keig.     Cautioner  Wm. 
Symsone  at  the  Milne  of  Keig. 

March  I.  Alexr.  Bisset  in  Lernie  v.  John  Cowtis  in  Kirktoune  of  Kinnernye.      Cautioner 

James  Gordone,  burgess  of  Abd. 

5.  Patrick  Cormak  in  Auchaber  v.  Matthew  Cocker  at  the   Milne  of  Baidinscothe. 

Cautioner  John  Ilendrie  in  Auchterless. 

8.  James  Grant,  son  and  heir  of  James  Grant,  sometime  in  Delrassak,  and  John 

Gordone,  burgess  of  Abd.,  his  factour  v.  John  Andersone  in  Delrossack.     Cautioner 
Andrew  Andersone,  occupier  of  a  plough  of  land  in  Overtowie. 

18.  Manslaughter.     The  Procurator  Fiscal  and  David  Leask  in  Invernettie  v.  Hew 
Craufuird  in  Doighillock,  charged  with  the  slaughter  of  Alexr.  Leask,  son  of  the  private 
prosecutor.     Cautioner  Charles  Craufuird  in  Auchquhortheis. 

15.  Loosings  of  Arrestments.      Alexr.   Gordoune  of  Dunkintie   v.   Bartholemew 
Paxtoune  in  New  Leslie.     Cautioner  John  Forbes  of  Leslie. 

19.  John   Davidsone,    Tailzeor    in    Blackhillock    v.    Wm.    Baxter   in    Auchincreive. 
Cautioner  Wm.  Foullar  in  Cranboige. 

29.  Robert  Gillanders  in  Glentanner  v.  Marret  Midltoune  in  Glentanner.     Cautioner 

James  Gordone  of  Knockaspak. 

April  10.  Thomas  Laing  in  New  Keig  v.  Duncan  Schirref  in  Balquharne.     Cautioner  John 

Forbes,  burgess  of  Abd. 

267 


Aberdeenshire  Sheriff  Court : 

1623. 

April  15.  Loosings  of  Arrestments.     Thomas  Laing  in  New  Keig  z>.  Elspet  Reid,  widow 

of  Wm.  Mearnes  in  Fawlsie  and  Robert  Cruckshank  in  Syd,  her  husband.     Cautioner 
Mr.  George  Spence,  Minister  at  Kinnethmont. 

Jeane  Chalmer,  only  la\vful  "  bairne"  to  the  late  Robert  Chalmer,  burgess  of  Abd., 
and  Alexr.  Chalmer,  burgess  there,  her  tutor  v.  Robett  Smythe,  Merchand,  burgess 
there.  Cautioner  Hector  Smythe,  Merchand,  burgess  there. 

19.  George  Bruce,  Saidler,  burgess  of  Abd.  v.  Wm.  Walkar,  sometime  in  Cheppel- 

toune  then  in  Litle  Arnage.     Cautioner  James  Gordone  of  Fechill. 

21.  James  Cheyne  of  Arnage  v.  Andrew  Moreis  in  Auchterellone.     Cautioner  James 

Beatoune,  occupier  of  8  oxengait  of  Ardlane. 

29.  Mr.  Win.  Fraser  of  Bishopes  Clintertie  v.  John  Midltoune  there.     Cautioner  John 

Fraser  of  Litle  Clintertie. 

May    17.  Magnus  Mowat  of  Balquhollie  v.  James  Scorgeak  in  Bruimhill  and  James  Wobster 

in  Lendrum.     Cautioner  Andrew  Meldrum  of  Muirs  of  Fyvie. 

21.  Andrew  Strathauchin,  in  Strathboigie  v.  Wm.  Troupt  of  Balnacraig.      Cautioner 

Mr.  John  Strathauchin,  portioner  of  Kincardine. 

23.  Margaret  Keythe,  widow  of  George  Keythe  of  Glackriauche  v.  Wm.  Hendersone 
in  Glenebraye.     Cautioner  Andrew  Barclay  of  Steane  of  Benholm,  Chamberlain  to  the 
Earl  Merschell  of  his  Lordship's  lands  in  Buchane. 

24.  Thomas  Gordoune  of  Grandome  v.  Richard   Drume  in  Denstoune.      Cautioner 
John  Hervie,  occupier  of  10  oxengait  of  Boigholl. 

26.  Alexr.    Lyone  of   Braka  v.    George   Lyone   in  Comalegie.      Cautioner    Thomas 

Gordone  in  Artlache. 

John  and  Robert  Duieget,  portioners  of  Ruthven  v.  Elspet  Gordone  in  Newtoune 
of  Ruthven,  widow  of  John  Glass  of  Pranny.  Cautioner  Patrick  Reid  of  Smythiehill. 

John  Cheyne  and  Mr.  Wm.  Lumisden,  Bailzies  of  Auld  Abd.  t>.  Thomas  Watsone 
in  Dubfuird.  Cautioner  Alexr.  Meinzies,  lawful  son  of  the  late  Mr.  Thomas  Meinzies 
of  Balgownie.  Peats,  &c.,  upon  the  "  Comontie  of  Corshill." 

29.  Mr.  William  Gordoune  of  Tilligreig  v.  James  Simsone  there.     Cautioner  Richard 

Simsone  there.     The  tenants  houses  and  buildings. 

John  Keithe  and  William  Leithe  in  A.uchquhorsk  v.  John  Chalmer  there. 
Cautioner  John  Tillie  there. 

Sir  Wm.  Keythe  of  Ludquharne,  Margaret  Bannermane,  his  wife,  and  Alexr. 
Keythe  of  Balmure  v.  Wm.  Haye  in  Northseatt  of  Archedlie.  Cautioner  Thomas 
Raynie  in  Mill  of  Archedlie. 

268 


Judicial  Enactments:  Vol.  HI.,  Contents 

1623. 

May   30.  Loosings  of  Arrestments.      James  Cheyne  of  Arnage  and  James  Blackball  in 

Memewlie  v.  Wm.  Johnstoune,  alias  Muck,  in  Memewlie.      Cautioner  Wm.  Symmer, 
occupiar  of  10  oxengait  of  Easter  Disblair. 

George  Johnstoune  of  Caskieben  and  Wm.  Forbes  of  Knappernay  v.  Wm.  Iron- 
syde  in  Tillemaid.  Cautioner  Thomas  Ironsyde,  occupier  of  12  oxengait  of  Cowlie. 

31.  George  Baird  of  Auchmedden  and  Lilias  Baird,  his  mother  v.  James  Tailzeor  in 

Denquhithell.     Cautioner  Gilbert  Quhyit,  burgess  of  Abd. 

Janet  Duncane,  widow  of  Abraham  Forbes  of  Blacktoune  v.  Alexr.  Duncane  in 
Wester  Beltie.  Cautioner  Alexr.  Attershank  in  Curquhattachie. 

June      2.  Thomas   Ilaye   in  v.  Andrew   Huid  in  Cabrache.     Cautioner  Wm. 

Thomsone  in  Boigincloche.     ^42  in  the  hands  of  Robert  Forbes  in  Brigend. 

George  Merser,  Advocat  in  Auld  Abd.  v.  Alexr.  Skeyne  in  Drumbreck.  Cautioner 
John  Skeyne,  burgess  of  Abd.  The  sum  of  330  merks  in  the  hands  of  John  Merser, 
Saidler,  burgess  of  Abd. 

3.  John  Leslie  of  Wardess  and  Harie  Turing  of  Saak  v.  Alexr.  Leslie  of  Wreyis. 

Cautioner  Hew  Gordoune  of  Cultis. 

James  Sudderland,  servitor  to  John  Leslie  of  Petcapill  v.  John  Edmistoune,  ser- 
vitor to  Barbara  Gordoune,  Ladye  Troupe.  Cautioner  George  Johnstoune  of  Caskieben. 

Renunciation  and  Discharge.  By  her  appearance  on  this  day  Dame  Jane 
Abirnethie,  wife  of  George  Gordun,  elder,  of  Gicht,  renounced  and  discharged  all  her 
rights  to  the  lands  and  barony  of  Meanye,  in  the  parish  of  Belhelvie,  in  favor  of  William 
Seatoune  of  Udny  and  Marjory  Innes,  his  wife.  She  also  ratified  a  contract  for  the 
alienation  and  vendilion  of  these  lands,  entered  into  on  the  same  day,  between  her 
husband,  herself  and  George  Gordoune,  younger,  of  Gicht,  on  the  one  part,  and 
Seatoune  and  his  wife  on  the  other  part. 

Renunciation  and  Discharge.  The  compearer  in  this  case  was  Bessie  Cheyne, 
wife  of  John  Gordoune  of  Tillachoudie,  and  the  lands  referred  to  were  the  lands  and 
barony  of  Auchterellone,  which  were  being  alienated  to  Alexander  Udny  of  Ardbuckill, 
burgess  of  Abd. 

Loosings  of  Arrestments.  Alexr.  Fraser  of  Techmuirie  and  Margaret  Hay, 
his  mother  v.  George  Moir  in  Wachteniehill.  Cautioner  James  Irvine  of  Auchezeoche. 

Janet  Duncan,  widow  of  Abraham  Forbes  of  Blacktoune  v.  Alexr.  Duncane  some- 
time in  Wester  Beltie.  Cautioner  Thomas  Duncane  in  Mill  of  Beltie. 

5.  Mr.  Robert  Lumisden  of  Auchinlek  v.  Andrew  Low  at  the  Milne  of  Feddrett, 
sometime  at  the  Craig  Milne.     Cautioner  John  Will  in  Bomakellie. 

6.  James  Mitshell  in  Wedderburne   v.   George  Murray  in  Drumdollo.      Cautioner 
Robert  Dempster  of  Cuschnie. 

269 


Aberdeenshire  Sheriff  Court: 

1623. 

June     7.  Judicial  Obligation.     Three  of  the  tenants  of  Ashogill  bound  themselves  to  pay 

yearly  to  John  Lowsone,  burgess  of  Abd.,  and  Maitt  [Matilda]  Mengzeis,  his  wife,  800 
merks  per  annum  for  relief  of  their  master  [laird],  Sir  Alexr.  Hay  of  Delgatie,  during 
the  non  redemption  of  the  lands  and  barony  of  Delgatie. 

Loosings  of  Arrestments.  Wm.  Leslie  in  Auld  Craig  v.  Sir  Alexr.  Hay  of 
Delgatie.  Cautioner  James  Hay  in  Muiriefauld.  An  arrestment  had  been  used  in  the 
hands  of  Robert  Innes  of  Bowenie  [?  Balvenie]  and  others. 

John,  Robert,  George  and  Isobel  Gillanders,  lawful  children  of  David  Gillanders  in 
Cobillheuche  v.  Margaret  Midltoune  in  Glentanner  and  John  Sandesone  in  Tulliche. 
Cautioner  Wm.  Gordoune,  fear  of  Knockaspak. 

Judicial  Ratification.  Marjory  Gordone,  wife  of  James  Ogiluie  of  Auchleuchries, 
here  ratified  a  wadset  of  the  Midlpleuche  of  Eister  Auchleuchries  to  George  Hay,  law- 
ful son  of  Alexr.  Hay  of  Brun thill  for  2500  merks. 

Loosing  of  Arrestment.  John  Gordoune  of  Petlurge  v.  George  Gordoune  of 
Pettiemerqueis.  Cautioner  John  Gordoune  of  Cheppeltoun. 

10.  Renunciation  and  Discharge.      Margaret  Duff,  wife  of  Adam  Fraser  of  Fin- 
zeauche,  by  this  Act  renounced  her  rights  to  the  lands  of  Finzeauche,  Meikill  Abircattie, 
Auchfrathie  Faulds,  Milne  of  Finzeauche,  with  the  astricted  multures  of  these  lands, 
and  also  of  Eddindurnocht,  Litill  Abircattie  and  Ower  and  Nethir  Tulloches,  in  favor 
of  David  Anclersone,  burgess  of  Abd. 

11.  Loosings  of  Arrestments.      Wm.    Forbes  of  Barnes  v.   Susanna  Ley  the  and 
Gilbert  and  Annas  Forbes,  as  Executors  or  Intromitters  with  the  estate  of  the  late  John 
Forbes  of  Barnes.     Cautioner  Patrick  Leslie  of  Flindars. 

1 8.  John  Lumisdeane  of  Tillecarne  v.  James  [?]  Selie  there.     Cautioner  Gilbert  Raye, 

Cordoner  and  Crofter  at  Cowlie. 

21.  Renunciation   and    Discharge.       Janet   Foullartoune,    wife  of  James   Calder, 

younger  of  Asloune,  by  this  Act  renounced  and  discharged,  in  favor  of  her  father-in-law, 
Alexr.  Calder,  elder  of  Asloune,  "  All  tytle  and  richt  of  tearce  conjunct  fie  lyvrent  or 
uther  richt  quhatsumewir  shoe  hed  hes  or  anywayes  maye  clame  ather  of  stock  or  teind 
of  Tonleye,  Meikill  Findratrie  and  Denmill "  in  Touche.  She  farther  passed,  in  like 
manner,  from  her  right  to  "jtuell  oxingait  lands  of  Dorsaill "  in  Awfurd,  in  favor  of  Mr. 
Andrew  Skeyne  of  Cheppeltoune  for  whom  John  Leslie  of  Abirloure  appeared  as  pro- 
curator. 

Renunciation  and  Discharge.  Jeane  Mowat,  wife  of  Alexr.  Calder,  elder  of 
Asloune,  by  this  Act  renounced,  in  favor  of  Mr.  Andrew  Skeyne  of  Cheppeltoune  and 
James  Forbes  in  Collmellie,  her  rights  to  Asloune  and  Mures  and  Owerhills  of  Asloune. 

28.  Loosing  of  Arrestment.      Adam  Abircrombie  of  Thriefeild  v.  John  Crombie, 

Maissone  in  Bonytoun.     Cautioner  Alexr.  Abircrombie,  portioner  of  Buchanstoun. 

270 


Judicial  Enactments:  Vol.  HI.,  Contents 

1623. 

June   28.  Renunciation.       William   Keythe    in    Kairndell    here    renounced,   in   favor  of 

Alexander  Irving,  fear  of  Beltie,  and  Isobel  Irving,  his  wife,  all  his  rights  to  the 
"  Middle  pleuche  of  Oweraltrie  "  in  the  parish  of  Deir. 

July      i.  Loosing  of  Arrestment.     Robert  Ross  in  Ililtoune,  James  Ross  in  Craigtoune 

and  Patrick  Strauchin  in  Stranduff  v.  James  Ross  in  Milne  of  Coull  and  Elspet  Fraser, 
his  wife.  Cautioner  Alexr.  Ross,  burgess  of  Abd. 

2.  Renunciation  and  Discharge.     Janet  Forbes,  wife  of  George  Dilgarno  in  Peit- 
hill  of  Kinrnuck,  renounced  her  rights  to  the  "  sune  halff  "  of  Porterstoune  in  the  parish 
of  Monkeigie  in  favor  of  George  Johnstoune  of  Caskieben. 

3.  Renunciation  and  Discharge.      Katherine  Gordon,  wife  of  John  Seatoune  of 
Thornetoune,  renounced  her  rights  to  the  town  and  lands  of  Thornetoune  in  favor  of 
Ninian  Seatoune  in  Kirktoune  of  Bourtie  in  liferent,  and  Mr.  Wm.  Seatoune,  his  son, 
in  fee. 

5.  Loosings  of  Arrestments.       George  Ogiluie  of  Carnowsies  v.  Henry  Massie, 

Patrick  Massie  and  Wm.  Lind  in  Ouchterellone,  John  Pirie,  John  Lind,  John  Bisset, 
John  Smythe  and  Andrew  Moreis  in  Yondertoune,  Robert  and  Andrew  Mair  in  Cuiks- 
toune  and  George  Prierie  at  the  Milne  of  Ouchterellone.  Cautioner  Wm.  Gray  Bailzie, 
burgess  of  Abd.  Peats,  &c.  in  the  Mosses  of  "  Ardgrane  and  Peltie  and  Commontie 
thairof." 

8.  George  Gordoune  of  Coclarachie  v.  Katherine  Gardyne,  widow  of  Mr.  John  Leythe, 
Commissary  of  Abd.,  and  her  tenants.      Cautioner  George  Adamsone  in  Blairtoune. 
Peats,  &c.  on  Colpnay  and  Pettens. 

9.  Wm.  Gordoune  of  Abirzeldie  v.  Alexr.  Skeyne  of  that  Ilk.      Cautioner  Robert 
Skeyne  of  Tillebirlache.     Peats,  &c.,  on  the  "  Hill  of  Fair." 

11.  John  Dowertie  at  the  Milne  of  Pettye  v.  John  Watsone  at  the  Milne  of  Iden. 
Cautioner  John  Meldrum  in  Tocher. 

12.  Cattle-lifting.     The  Procurator  Fiscal  and  Wm.  Leask,  younger,  of  that  Ilk  v. 
John  Mar  in  Tillibreks.     Cautioner  George  Gordone  of  Gicht  by  his  procurator  Mr. 
Arthur  Watt.     The  charge  was  "  the  alledgit  thifteous  steilling  of  sewin  oxen  and  tua 
ky  out  of  the  toun  and  lands  of  Nothro  and  ane  kow  furth  of  Alexr  Forbes  byre  in 
Luddache." 

Loosings  of  Arrestments.    John  Cormak  at  the  Kirk  of  Daviot  v,  Wm.  Smythe 
in  Ardune.     Cautioner  Andrew  Johnstoune,  Friemane  Meassone  in  Abd. 

14.  John   Leslye  of  Petcapill  v.   George  Johnstoune  of  Caskieben  and  his  tenants. 

Cautioner  James  Johnstoune  of  Isakstoune.     Peats,  &c.,  in  the  Mosses  of  Crimond. 

1 8.  George  Ogiluie  of  Carnowsies  v.   Robert   Gordoune   in    Blinburne.      Cautioner 

Patrick  Ledgertwood  in  Bourhills  of  Esslmonthe.   Peats,  &c.,  in  the  Mosses  of  Piltachie. 

27I 


Aberdeenshire  Sheriff  Court : 

1623. 

July    19.  Renunciation  and  Discharge.     Janet  Leslie,  wife  of  Alexr.  Lyone  of  Comalegie, 

renounced  her  rights  to  Braka,  Glasha,  Midiltoune,  Quhytwall  and  Milne  of  Glasha  in 
favor  of  Mr.  Patrick  Gordoune  of  Braka. 

21.  Loosings  of  Arrestments.     George  Ogiluye  of  Carnowsies  v.  John  Gordoune  of 

Buckie,  Walter  Cheyne  in  Tilledesk,  James  Logane  in  Elphine,  Gilbert  Bodye  in  Todil- 
hills  and  Alexr.  Buchane  of  Auchmacoye.  Cautioner  Patrick  Legertwood  in  Bourhillis. 
Peats,  &c. ,  in  the  Mosses  of  Ardgrane  and  Piltauchie. 

28.  Theft.      The  Procurator  Fiscal  and  Patrick  Young,  indwellar  in  Abd.,  v.  Wm. 
Russell,  Webster,  burgess  of  Abd.     Cautioner  Thomas  Clerk,  Webster,  burgess  of  Abd. 
"  Ane  web  of  tuedling  harden  "  was  said  to  have  been  stolen. 

29.  Loosings  of  Arrestments.      Wm.  Wod  in  Heddirweik  v.  Andrew  Glenny  in 
Caskieben.     Cautioner  John  Stewin  in  Maynis  of  Caskieben. 

Augt.    8.  Elspet  Gordoune,  widow  of  John  Glass  of  Prannie  and  Patrick  Glass,  her  son  v. 

George  Forbes  in  Migvie.     Cautioner  George  Andersone  in  Tulloche. 

George   Harrow   at   the    Brig   of  Die   v.   Wm.    Elder  there.      Cautioner  James 
Gordoune,  burgess  of  Abd. 

12.  Removing.     John  Moir  and  Alexr.  Cristall,  occupiers  of  parts  of  the  Maynes  of 
North  Colpnaye,  agreed,  under  certain  reservations,  to  remove  from  their  holdings,  in 
favor  of  George  Gordoune  of  Coclarachie,  as  heritable  proprietor. 

15.  Sale  of  Growing  Crop  by  Tenant  to  Landlord.      Henry  Ord  was  feuar  of 
Harrows  Croft  on  the  east  side  of  the  Uenburn  of  Abd.     Being  behind  with  his  feuduty, 
as  well  as  in  debt  to  Mr.  Thomas  Johnestoune,  burgess  of  Abd.,  the  superior,  for  a 
supply  of  seed  bear  and  not  able  to  harvest  his  crop  "  be  reasone  of  the  skearsnes  this 
present  yeir,"  Ord  sold  his  crop  to  the  landlord. 

27.  Curatory.      Alexr.    Keythe,   eldest  lawful  son  of  the  late  Mr.   Alexr.    Keythe, 

portioner  of  Duffes,  appeared  and  chose  Alexr.  Irving  of  Drume,  James  Irving  of 
Brucklaw  and  John  Irving  of  Artamphart,  as  his  curators.  The  two  latter  were  present, 
accepted  office,  took  the  oath  defideli  and  became  cautioners  for  each  other. 

Septr.   I.  Loosings  of  Arrestments.     Thomas  Fraser  of  Streichin  v.  Robert  Auld  in  Over 

Ardlethin.     Cautioner  George  Young,  occupier  of  12  oxengait  land  there. 

3.  Thomas  Shand,  burgess  of  Ab.l.  v.  John   Lamb  in    Boddomes  of  Mamewleye. 

Cautioner  Adam  Gordoune  in  Milltoune  of  Kellye. 

1 3.  James  Ogilvie  of  Auchleuchries  v.  John  Cordoner  there.     Cautioner  Wm.  Waus 
at  the  Milne  of  Brogane. 

John  Grige,  Skipper  in  Fraserisbruche  and  Alexr.  Crawfuird,  portioner  of  Rayne 
v.  James  Andersone  in  Corthibrae.     Cautioner  Alexander  Clerk  in  Hous  of  Hill. 

16.  John  Duiged  of  Ruthven  v.  Elspet  Gordoune,  widow  of  John  Glass  of  Pranny. 
Cautioner  John  Gordoune,  burgess  of  Abd. 

272 


Judicial  Enactments:  Vol.  EL,  Contents 

1623. 

Sept.  1 6.  Loosings  of  Arrestments.     Arthur,  Lord  Forbes  v.  Patrick  Reid  of  Smyddiehill 

and  Helen  Mortimer,  his  wife.  Cautioner  Patrick  Wilsone,  occupier  of  8  oxengait  of 
Belhenny. 

19.  Wm.  Garioche  in  Petinkirie  v.  John  Garioche  in  Kinstair.     Cautioner  Mr.  Robert 
Elphinstoune  of  Kinbrume. 

20.  Thomas  Mutray  of  Clubisgowell  v.  James  Black,  sometime  in  Halckhillock  then 
in  Scotistoune.     Cautioner  James  Cassie  in  Quhytstripes. 

22.  Thomas  Erskeyne   of  Balhaggardie   v.  Wm.    Stewin    in    Inverurie.      Cautioner 
Andrew  Stewin,  Litster,  burgess  of  Abd. 

23.  Thomas  Erskeyne  of  Balhaggardie  v.  John  Gordoune  in  Drimmeis  and  whole 
tenants  of  Drimmeis.     Cautioner  Angus  Andersone  in  Newtoune.     Both  this  and  the 
preceding  entry  refer  to  boundary  disputes  on  the  banks  of  the  Ury. 

25.  Alexr.  Forbes  of  New  v.  Alaster  Troupe  in  Deskrye.     Cautioner  Mr.  James  Elfin- 

stoune  of  Barnes. 

27.  John    Gordoune,    younger,    of    Craige    v.    Thomas    Erskeyne    of    Balhagardie. 

Cautioner  Mr.  Alexr.  Jaffray,  Balzie,  burgess  of  Abd.  A  boundary  dispute — Craikis 
hauche  on  Drimmeis  being  mentioned. 

30.  Mr.  James  Elphinstoune  of  Barnes  v.  Patrick  Gordoune  in  New  Glanderstoune. 

Cautioner  John  Gordoune  in  Feddie. 

Octr.     3.  John  Robertsone,  alias  Bonar,  Fermorar  in  Abd.  v.  John  Troup  in  Gilcomestoune. 

Cautioner  Wm.  Mukart,  burgess  of  Abd.  What  was  here  specially  arrested  was  the 
"  haill  cornis  beir  and  aitts  presentlie  growand  on  the  sched  of  land  in  Gilcomestoune 
on  the  northe  syd  of  the  gait  that  passis  the  Stokit  Heid." 

4.  Patrick  Leithe  of  Liklieheid  v.  Patrick  Watsone  in  Auchlewin.     Cautioner  Wm. 

Forbes  of  Bairnis. 

6.  Jean  Forbes,  lawful  daughter  of  the  late  James  Forbes  of  Wester  Thomads  v. 

Thomas  Johnstoune  in  Belnacraige.     Cautioner  James.  Forbes,  burgess  of  Abd. 

John  Gordoune  of  Tillielt  v.  James  Gordoune  in  Park.  Cautioner  Adam  Gordoune 
in  Miltoune  of  Kellie. 

25.  Alexander,  Maister  of  Forbes  v.  James  Garioche  of  Kinstairis.     Cautioner  Wm. 

Gariauch  of  Tillechetlie.  The  "  customes  of  the  landis  of  Corsindaye  intromettit  with 
be  the  said  James  "  were  in  question. 

Warding.  Obligation  to  Re-enter.  John  Garioche  in  Badevine,  who  was  in 
ward  by  virtue  of  Letters  of  Caption  at  the  instance  of  Alexander,  Maister  of  Forbes, 
was  now  released  on  an  obligation  by  James  Garioche,  elder,  of  Kinstairis  and  Wm. 
Gariauch  of  Tillechetlie  to  re-enter  him,  on  or  before  20  November,  under  pain  of  1000 
merks  to  be  paid  to  the  Maister  of  Forbes,  for  whom  Mr.  Patrick  Chalmer,  servitor  to 
the  Sheriff  Clerk,  appeared. 

MM  273 


Aberdeenshire  Sheriff  Court: 

1623. 

Octr.  28.  Upkeep  of   Buildings   by  Liferentrix.      William  Forbes  of  Bairnes  having 

caused  a  charge  to  be  given  to  Susanna  Leythe,  the  liferentrix  of  Bairnes,  Rothnie, 
Drumrossie  Hillockis  and  Miln  thereof  and  Claylatches  to  uphold  the  buildings,  &c., 
on  the  lands,  Andrew  Forbes  of  Newhillis,  her  son,  now  became  cautioner  for  her, 
that  she  would  fulfil  her  statutory  obligations  in  that  respect. 

Novr.    7.  Loosings    of   Arrestments.      Alexander   Strauchin   of  Glenkindye   v.   Alaster 

Robertsone  in  Glenbucket.  Cautioner  John  Gordoune,  son  of  James  Gordoune  of 
Knockaspak. 

15.  George  Moir  in  Tilliemaid  v.  John  Haye  in  Cask  of  Crudane.     Cautioner  John 
Murraye,  occupier  of  "  tua  pleuches"  of  land  in  InvernQttye. 

Archibald  Baxter  in  Nether  Park  v.  Alexr.  and  Jeane  Collie  in  Eister  Eischindilly 
and  Wm.  Collie,  their  tutor.  Cautioner  Alexr.  Collie,  occupier  of  8  oxengait  in  Kirk- 
toune  of  Durris. 

17.  Alexr.  Melwing  in  Craigerne  v.  Duncan  Crombie  in  Glenheid.     Cautioner  Wm. 

Raye  in  Kintoir. 

[A  leaf  missing  here.] 

29.  Tutory.      Patrick    Leyth   of  Kirktoune   of  Rayne   presented   a    gift,   dated   18 

November  current,  to  the  office  of  Tutor  to  John  Leythe,  only  lawful  son  and  apparent 
heir  of  his  brother,  the  late  Mr.  Wm.  Leythe  of  Newlandis,  accepted  office,  took  the 
oath  defideli  and  found  Andrew  Stewin,  Litster,  burgess  of  Abd.,  as  his  cautioner. 

Deer.  12.  Loosings  of  Arrestments.     Simon,  Lord  Fraser  of  Lovatt  v.  Alexr.  Fraser,  son 

of  the  late  Sir  Alexr.  Fraser  of  Frasrisburche,  knight,  and  whole  tenants  of  Pettulie, 
whose  rents  were  arrested.  Cautioner  Thomas  Robertsone  in  Pettulie. 

13.  Agnes  Forbes,  widow  and  executrix  of  John  Wod  in  Milnebuye  and  wife  of  Harie 
Gordoune  v.  John  Key  the  in  Tartowie.     Cautioner  John  Keythe  in  Auchquhorsk. 

16.  James  Birny,  Webster,  burgess  of  Abd.  v.  Andrew  Meldrum  and  John  Duncane, 
Merchandes,   burgesses  of  Abd.     Cautioner  George  Cruikshank,  Merchand,  burgess 
there. 

1624. 

Jany.    6.  Revocation  of  Deeds  granted  in  Minority.     Margaret  Sinclair,  only  child  of 

the  late  George  Sinclair  of  Dumbeathe,  being  then  22  years  of  age,  by  this  Act  revoked 
all  deeds  done  during  her  minority  by  herself  or  her  Tutors  or  Curators  to  her  hurt. 
She  specially  revoked  a  Bond  made  between  her  and  Alexander,  Maister  of  Forbes,  on 
5  July,  1622,  whereby  on  the  advice  of  Arthur,  Lord  Forbes,  there  was  to  be  paid  to 
Margaret  Forbes,  Lady  Dumbethe,  her  mother,  and  Claud  Hamiltoune,  now  husband 
of  the  said  Margaret  Forbes,  a  sum  of  ^400  per  annum  for  the  maintenance  of  the  said 
Margaret  Sinclair. 

10.  Loosings  of  Arrestments.     Magnus  Mowat  of  Balquhollye  v.  Patrick  Webster 

in  Wood-end  of  Tollye.     Cautioner  Wm.  Barclaye  of  Ordley.    The  crop  on  Lyndrume. 

14.  John  Conone   in    Kildrimmye   v.    Robert  Pairker  at  the   Milne  of  Glenkindye. 
Cautioner  John  Sibbald,  burgess  of  Abd. 

274 


Judicial  Enactments:  Vol.  ffl.,  Contents 

1624. 

Jany.  16.  Loosings   of  Arrestments.      John   Turing   of  Foverane  v.   Alexr.   Keythe  in 

Newbruche.     Cautioner  John  Liddell,  Cuper,  burgess  of  Abd. 

Feby.   6.  George  Andersone  of  Aird  v.  Grissal  Rattraye  in  Frasrisbruche  and  John  Scot,  her 

son.     Cautioner  Andrew  Fraser  there.     Money  in  the  hands  of  James  Fraser  of  Tyrie. 

Alexander  Lesly  in  Cultis  v.  George  Davidsone,  Webster  in  Wrayes.  Cautioner 
George  Merser,  Advocat  in  Auld  Abd. 

19.  John   Mackomie  and  George  Andersone,   Chamerlanes  to  George,    Marqueis  of 

Huntlye  v.  Elspet  Ross,  daughter  and  executrix  of  James  Ross  in  Milne  of  Coull. 
Cautioner  Peter  Moir,  Merchand,  burgess  of  Abd. 

24.  Patrick    Ley  the   in    Sullavethie   v.   John  Auchinleck  in   Mill  of   Montgariauche. 
Cautioner  John  Leythe,  son  of  John  Ley  the  of  Quhythauche. 

25.  Gilbert  Meinzies  of  Pittfoddellis  v.  Margaret  Irving,  widow  of  Gilbert  Meinzies  of 
Pittfodclellis,  and  John  Collace,  fear  of  Bonnamone,  then  her  husband.     Cautioner  Wm. 
Philip  at  the  Mill  of  Pittfoddellis,  occupier  of  the  Mill  and  4  oxengait  of  Westertoune 
of  Piltfoddellis.     Rent  in  the  hands  of  James  Barnet  in  Hill  of  Faulds. 

March  3.  John  Forbes  of  Petsligo  v.  Isobel  Huisone,  widow  of  James  Fergusone,  burgess  of 

Abd.     Cautioner  Martin  Huisone,  burgess  there. 

6.  Wm.   Seatoune  of  Disblair   v.  James  Seatoune   in   Coulie.      Cautioner  Thomas 

Irnsyd  in  Coulie. 

8.  Wm.  Lyndsaye,  burgess  of  Abd.  and  Thomas  Pirie  at  the  Milne  of  Dilsproe  v. 

James  Moresone,  sometime  in  Auld  Gowill  and  then  in  Kinmundie.  Cautioner  James 
Black,  occupier  of  8  oxengait  of  Scotistoune. 

18.  Alexr.  Fraser  of  Boigheidis  as  Bailzie  and  Chamerlane  to  William,  Earl  Mershell 

v.  Mr.  Andrew  Skene  in  Overtoune  of  Dyce.  Cautioner  John  Skene,  Merchand, 
burgess  of  Abd. 

27.  Wm.  Irving  of  Beltie  v.  Wm.  Keythe,  sometime  in  Over  Altrie,  then  in  Ardmachar. 

Cautioner  John  Muire  in  Deire. 

April     I.  Katharine  Leivingstoune,  Patrick  Morgen  and  George  Cowtis  z/.  John  Westland  in 

Edinbanchorie.  Cautioner  John  Forbes  of  Edinbanchorie.  The  subjects  in  dispute 
were  the  effects  of  the  late  Arthur  Morgen  in  Drumnahuiff  and  of  Beatrix  Westland, 
his  wife. 

Adam  Gordone  of  Boigholl,  Patrick  Hepburne  at  the  Litill  Mylne  of  Essilmonthe 
and  Patrick  Forbes  at  the  Milne  of  Meany  v.  Hector  Davidsone,  Mailman,  burgess  of 
Abd.  Cautioner  James  Gordone,  burgess  of  Abd. 

10.  Robert  Forbes  of  Eicht  v.  Alexr.  Smythe  in  Kirktoune  of  Eicht.     Cautioner  James 

Irving  at  the  East  Mylne  of  Drum. 

275 


Absrdeenshire  Sheriff  Court: 


1624. 

April  20.  Loosings  of  Arrestments.     George   Gordoune  of   Newtoune  v.  John  Wilsone 

in  Lonheid  of  Newtoune.     Cautioner  Wm.  Beithe  in  Wasthall. 

24.  Mr.  Walter  Forbes  of  Auchreddie  v.  Thomas  Will  there.     Cautioner  Wm.  Chessor 

in  Corbishill. 

Mr.  Wm.  Burnet,  Minister  at  Kinnairnie  v.  James  Mortymer,  sometime  of  Craigi- 
war.     Cautioner  James  Clark,  Webster,  burgess  of  Abd. 

27.  Wm.   Gordone  of  Kennertie   v.    Alaster   Ross   in   Aldenruie.      Cautioner    Peter 

She  wane,  burgess  of  Abd. 

May      6.  Wm.  Dalgarno,  sometime  in  Dennis,  then  of  Creichie  v.  Nicoll  and  John  Baxter  in 

Creichie.     Cautioner  Wm.  Keythe,  sometime  in  Gavell. 

10.  Revocation  of  Deeds  granted  in  Minority.  Alexander,  Maister  of  Forbes, 
by  this  judicial  act  revoked  all  deeds  granted  by  himself  alone  or  with  consent  of  others 
to  his  hurt,  during  his  minority,  and  especially  a  contract  whereby  the  whole  Lordship 
of  Forbes  and  Barony  of  Dumbaith  had  been  made  over  to  John  Forbes  of  Petsligo  in 
security  of  38500  merks. 

12.  Loosings  of  Arrestments.     Arthur  Forbes,  Fear  of  Brux  v.  Edward  Reid  in 
Newtoune  of  Brux.     Cautioner  Alexr.  Ilervie,  burgess  of  Abd. 

13.  Janet  Keythe,  widow  of  John  Strauchin  of  Touxhill  v.  John  Leidgertwood  in 
Touxhill.     Cautioner  Wm.  Gordone  of  Cheppeltoune. 

John  Graye  at  the  Milne  of  Leask  v.  John  Cordoner  in  Wester  Auchleuchries, 
John  Blak  there  and  George  Smythe  there.     Cautioner  James  Cumming  in  Bredmuire. 

14.  Patrick    Innes  of  Tibbertie   v.   Edward   Adamsone  at  the    Mylne  of  Tibbertie. 
Cautioner  George  Adamsone  in  Blairtoune. 

15.  John    Leslie    of  Balquhayne    v.  John    Cromby  in    Fettirneir.      Cautioner  John 
Crombie  in  New  Wester  Edit. 

20.  John  Gordone  of  Tullachowdie  v.  Jeills  Mukall,  widow  of  Andrew  Gordone  in 
Davane  of  Logic,  and  Mr.  John  and  George  Gordone,  his  sons.     Cautioner  Thomas 
Gordone  at  the  Mylne  of  Ardgicht. 

21.  Thomas  Gordoun,  Sheriff  depute  of  Abd.   v.   Hector  Abircrombie  of  Wasthall. 
Cautioner  Robert  Dempster  of  Cuschnie.     The  names  of  Normond  Leslie  in  Layche- 
muir  and  Symon  Galloway  in  Fischerfurd  of  Tillimorgin  occur  in  the  entry. 

22.  Henry  Forbes,  burgess  of  Abd.  v.  John  Forbes  of  Petnacaddell.     Cautioner  Mr. 
Walter  Forbes  of  Auchreddie. 

24.  Sir  Adam  Gordone  of  Park,  knight  v.  John  Morgan  in  Glenbuiket.     Cautioner 

Alexr.  Irving  of  Ardgowes. 

276 


Judicial  Enactments:  Vol.  HL,  Contents 
1624. 

May   25.  Loosing-s  of  Arrestments.     Thomas  Gordone  of  Grandone  v.  Wm.  Fraser  in 

Craigtoune.     Cautioner  Wm.  Lumsdeane  (signing  Lumisdell)  in  Bachmunie. 

27.  Adam  Fraser,  sometime  of  Finzeauche,  Margaret  Duff,  his  wife,  and  Wm.  Fraser, 

their  eldest  son  v.  David  Andersone,  burgess  of  Abd.  Cautioner  Robert  Keyth, 
burgess  there. 

Renunciation  and  Discharge.  This  entry  apparently  refers  to  a  wadset  right 
over  the  lands  of  Eastoune  of  Cromar,  held  by  George  Dilgarno  in  Peitthill  of  Kin- 
mucks,  which  he  now  renounced  in  favor  of  Win.  Gordone  of  Abirzeldie  and  Alexr. 
Gordone,  Fear  thereof.  Dilgarno  bound  himself  to  obtain  a  judicial  ratification  from 
Janet  Forbes,  his  wife. 

Renunciation  and  Discharge.  Margaret  Irving,  wife  of  John  Seatoune, 
appeirand  of  Disblair,  renounced  her  rights  to  the  Mylne  of  Logieruif  in  favor  of  Robert 
Seatoune,  son  of  the  late  John  Seatoune  of  Mowny. 

29.  Loosing  of  Arrestment.     William,   Earl  Marschell,  as  heritable  proprietor  of 

Kinnellar,  and  Thomas  Lumisdeane,  James  Forbes  and  John  Forbes,  Wadsetters 
thereof  v.  James  Keythe  of  Kinnady.  Cautioner  Wm.  Forbes  in  Kinmundy.  "  Faill  " 
cast  upon  the  North  east  quarter  of  Kinnellar. 

June     7.  Removing.    Security  for  Rent,  &c.     David  Torrie  at  Caismylne  acknowledged 

certain  indebtedness  to  his  landlord,  Thomas  Johnestoune  of  Craig  Dyce,  for  past  due 
rent,  in  security  of  which  and  of  the  rent  Crop  1624,  he  sold  his  stocking  and  crop  to 
Johnestoune.  He  also  granted  himself  removed  from  part  of  his  occupation  as  at  Whit- 
sunday, 1624,  and  bound  himself  to  remove  from  the  Mill  at  Whitsunday,  1625. 

16.  Loosings  of  Arrestments.     Alexr.  Abircrombie  of  Birkinboig  v.  Mr.  Andrew 

Logic,  Minister  at  Rayne,  and  his  tenants.  Cautioner  George  Leslie,  Indwellar  in 
Abd.  Peats  in  the  "  Bischope  Moss  callit  the  Cockmoss  "  in  Rayne. 

July      3.  Alexr.  Gordone,  Fear  of  Abirzeldie  v.  Alexr.  Skeyne  of  that  Ilk  and  his  tenants  of 

Tillenhilt,  Auchmore  and  Tillebirlache.  Cautioner  John  Forbes  of  Balnagask.  Peats 
on  the  west  and  north-east  sides  of  the  Hill  of  Fair. 

George  Pecok,  Appothekar  in  Abd.  v.  Margaret  Gordone,  widow  of  Michaell 
Clerk  in  Craighall  and  Robert  Johnstoun,  her  husband.  Cautioner  John  Watsone  in 
Lytill  Gowell. 

5.  Andrew  Knowis  of  Beildsyd  v.  Wm.  Irving  of  Murthill.     Cautioner  Andrew  Craig, 

Cordoner  in  Newtoun  of  Murthill.     Peats  on  the  wast  pairt  of  Beildsyd. 

15.  Mr.  Wm.  Broune,  Minister  at  Invernochtie  v.  Janet  Seatoune,  widow  of  Mr. 
Wm.  Robertsone,  Minister  at  the  Kirk  of  Tarlane  and  Migvie.     Cautioner  Mr.  Andrew 
Gray,  Minister  at  Coull. 

16.  John  Irving  of  Attamphart  v.  John  Forbes  of  Tulloche.     Cautioner  John  Forbes, 
younger,  burgess  of  Abd.     Peats,  &c.,  on  the  "  eist  syd  of  the  Mosses  of  the  Haltoune 
and  Craigtoune." 

277 


Aberdeenshire  Sheriff  Court: 

1624. 

July    20.  Loosings  of  Arrestments.     John  Leyth  of  Quhythauche  v.  Alexr.  Gordoun  of 

Dunkemptie  and  his  tenants  of  New  Leslie  and  Boigis,  and  John  Leslie  of  Leslie  and 
his  tenants  of  the  Barony  of  Leslie.  Cautioner  Adam  Gordoun  in  Spynie,  who  sub- 
mitted himself  to  the  jurisdiction  of  the  SheriffJom  of  Abd.  Peats  on  parts  of 
Courtestoun  and  Drumgowan. 

John  and  William  Raye,  as  executors  of  John  Raye,  burgess  of  Abd.,  and  their 
Tutors  and  Curators  v.  Robert  Hall  in  Kirktoune  of  Skeyne.  Cautioner  James  Thome, 
elder,  in  Kirktoune  of  Skeyne.  Money  in  the  hands  of  Mr.  Gilbert  Keythe,  Minister 
at  Skeyne. 

16.  Simon,  Lord  Fraser  of  Lovat  v.  James  Gordoun  of  Knockaspack.      Cautioner 

George  Chalmer  of  Noth.     The  rents  of  the  tenants  of  Kirktoune  of  Tyrie. 

21.  Revocation  by  Widow.     Isobel  Bodie,  widow  of  Alexr.   Fraser,   portioner  of 

Memsie,  stating  that  she  had  been  compelled  by  her  late  husband  to  do  so,  revoked  a 
renunciation  which  she  had  made  in  favor  of  her  son,  Alexr.  Fraser,  of  her  sunny  third 
part  of  Memsie. 

Loosings  of  Arrestments.  Alex.  P'raser,  portioner  of  Memsie  v.  Isobel  Body, 
widow  of  Alexr.  Fraser,  portioner  of  Memsie,  his  mother.  Cautioner  Wm.  Fraser  in 
Memsie. 

27.  Alexr.    Fraser  of   Boigheidis,   Chamerlane  to  William,    Earl  Mershell  v.  James 
Mowat  of  Ardo  and  tenants  of  Keir  and  Suttarhill.      Cautioner  Patrick  Farquhar, 
burgess  of  Abd.     Peats  in  the  Moss  of  Liddauche. 

28.  Archibald    Farquhar    in    Ramstaine,    Alexr.    Mealling   and    Gilbert    Touche   in 
Craigerne  v.  John  Crombie  in  Glenheid.     Cautioner  Andrew  Elmslay  in  Aillhous  Wall. 

29.  Thomas  Gordone  of  Litle  Gowill  v.  Gilbert  Bartlelye  in  Monkeigie.     Cautioner 
Mr.  Wm.  Seatoune  of  Thornetoune. 

30.  Renunciation  and  Discharge.     Janet  Gordone,  widow  of  Patrick  Gordone  of 
Halheid,  renounced  her  rights  to  Halheid  in  favor  of  George  Gordone,  her  eldest  son. 
She  reserved  the  liferent  of  the  Altoune  Croft. 

Augt.    6.  Loosings  of  Arrestments.     John  Leyth  of  Monthgeriauche  v.  Wm.  Philip  in 

Mylne  of  Pittfoddellis.  Cautioner  John  Willis,  Laxfisher  in  Abd.  Peats,  &c.,  cast  by 
Philip  in  the  moss  "  callit  the  Banermane  Suaill "  alleged  to  belong  to  Leyth. 

7.  Wm.  Wilsone  in  Milbrex  v.  Patrick  Gordone  in  Carngall.     Cautioner  Normand 

Arbuthnot,  burgess  of  Abd. 

ii.  John  Gordone  of  Rothmeis  v.  George  Cruikshank  in  Bainesholl.     Cautioner  Alexr. 

Cruikshank,  elder,  burgess  of  Abd. 

13.  Mr.  Wm.  Forbes  of  Craigiewarr  v.  Arthur  Forbes,  younger,   of  Brux  and  his 

tenants.  Cautioner  Wm.  Russell,  Webster,  burgess  of  Abd.  Peats,  &c.,  "  within  the 
bounds  of  the  Hill  of  Craigiebeg  upone  that  pairt  thairof  callit  the  Saidill  of  Mack- 
christer." 

278 


Judicial  Enactments:  Vol.  HI,  Contents 

1624. 

Augt.  1 8.  Loosing  of  Arrestment.  George  Robertsone,  as  executor  of  Elspet  Mackie  v. 
Wm.  Anguis  in  Blackball.  Cautioner  Normand  Leslie  of  Quhythauche. 

28.  Removing.     David  Torrie  in  Caismilne  bound  himself  to  remove  from  Caismilne 

in  favor  of  Thomas  Johnstoune  of  Craig  of  Dyce,  and  ratified  the  former  Act  of  Court 
of  7  June.  \Stipra  p.  277.] 

Septr.  7.  Loosings   of  Arrestments.     James  Cheyne  of  Arnage  v.  Andrew  Beanis  in 

Pettimuck.     Cautioner  Alexr.  Murray  in  Tilleeve. 

1 6.  John  Leyth  of  Quhythauche  v.   Thomas  Kay  in  Rubislaw.      Cautioner  George 

Johnstoune,  younger,  burgess  of  Abd. 

18.  Wm.  Gordone  of  Tulloche,  pupil,  and  Sir  Alexr.  Gordone  of  Cluny  and  Sir  Adam 

Gordone  of  Peark,  knights  v.  Patrick  Reid  in  Cornabo  and  his  servants.  Cautioner 
Wm.  Forbes  of  Monymusk.  The  crop  sown  by  Reid  upon  the  alleged  commonly  of 
Tulloche. 

20.  John  Milne  at  the  Milne  of  Uennend  v.  Alexr.  Cowper  at  the  Milne  of  Bruxie. 
Cautioner  George  Frensche,  Cordoner,  burgess  of  Abd. 

24.  Wm.  Reid  in  Tarlen  -v.   James  Coutts  in  Tailzie  in  Cromar.     Cautioner  Alexr. 

Coutis,  "servitor  domestick  to  Sir  Alexr.  Gordone  of  Cluny." 

27.  Thomas  Fraser  of  Strechin  v.  James   Irvine  of  Wester  Tyrie  and  his  tenants. 

Cautioner  Alexr.  Buchan  of  Auchmacoy.  The  crop  sown  upon  the  part  of  "  Eister 
Tyrie  one  the  north  side  of  the  burne  that  runneth  from  the  bog  callit  Bogrothnie." 

30.  James  Coutis  in  Tailzie  of  Cromar  v.  Wm.   Reid  in  Tarlen.     Cautioner  Wm. 

Couper,  Litster,  burgess  of  Abd. 

Octr.  5.  Discharge  of  Wadset  and  Ratification.  Mr.  Thomas  Gairdyne,  Parsone  of 
Tarves,  and  Violet  Layng,  his  wife,  in  respect  of  a  payment  of  4000  merks,  renounced 
their  rights  to  Myltoune  of  Udny  and  others  in  favor  of  Wm.  Seatoune  of  Udny. 

7.  Sheriff  Clerkship.     Gift  of  Office.     Mr.  George  Andersone,  son  of  Mr.  William 

Andersone,  the  Sheriff  Clerk,  presented  a  gift  of  the  office  by  Lord  Huntly  as  heritable 
Sheriff  to  him,  reserving  his  father's  liferent.  The  deed  of  gift  was  dated  at  Huntly  on 
7  September  preceding.  Mr.  George  Andersone  was  thereupon  appointed  by  his  father 
to  be  his  "  immediat  deput,"  and  accepted  office  and  was  sworn  in. 

13.  Loosings  of  Arrestments.     Alexr.  Forbes  in  Elgein  v.  Wm.  Browne  in  Newtyll 

of  Pettgerso.     Cautioner  George  Gordone,  indwellar  and  "  Apill  sellar  "  in  Abd. 

12.  Wm.  Young,  Tailzeor  in  Abd.  v.  Matthew  Alshunder  in  Turref.     Cautioner  Alexr. 

Ogstoune,  Bailzie  in  Turref. 

21.  Helen  Fyf  in  Abd.  v.  John  Wylly,   younger,    in   Hospital!.       Cautioner  James 
Skedoway  at  Powayis  brig  in  Auld  Abd. 

30.  George  Riccard,  burgess  of  Abd.   v.  Thomas  Smyth  in  Langseit  in  Balhelwie. 

Cautioner  Patrick  Forsyth  in  Keir. 

279 


Aberdeenshire  Sheriff  Court: 

1624. 

Novr.   3.          Judicial  Obligation.     Alexr.   Murray  in  Jakistoun  of  Balquholly  bound  himself 
to  pay  £8  to  Patrick  Meinzeis,  burgess  of  Abd. 

4.  Loosings  of  Arrestments.     John  Trowpe  in  Gilcomstoune  v.  Mr.  John  Reid- 

furd,  Minister  at  Forglen.     Cautioner  Gilbert  Layng,  Fermorar  in  Abd. 

6.  Wm.   Forbes  of  Knappernay  v.  Wm.   Ironsyd  in  Tillegrig.      Cautioner  Patrick 

Sangster,  occupier  of  12  oxengait  of  Cowlie. 

13.  Tutory.     Andrew  Fraser  of  Stainnywood  presented  gift,  under  the  Quarter  Seal, 

of  the  Tutory  of  Jeane  Barclay,  pupil  daughter  of  the  late  Patrick  Barclaye,  Fear  of 
Tollie,  dated  25  August  preceding.  Cautioner  John  Fraser  of  Clintertie. 

1 6.  Loosings   of  Arrestments.      Andrew  Gordone  of  Pittimarqueis  and   Barbara 
Gordone,  his  wife  v.  George  Gordone  in  Boigheidis.     Cautioner  Mr.  Robert  Elphings- 
toun  of  Kinbrume. 

17.  John  Midiltoune  in  Litle  Finrasie  v.  Thomas  Traill  in  Monecht.    Cautioner  Alexr. 
Blackball,  portioner  of  Finrasies. 

19.  William  and  George  Gordone,  elder  and  younger  of  Terpersie  v.  Wm.  Fraser, 
lawful  son  of  the  late  Adam  Fraser  of  Fingzeauche.    Cautioner  John  Leslie  of  Endurno. 

20.  Discharge  of  Wadset  and  Ratification.     In  consideration  of  4000  merks  paid 
to  them  by  John  Turing  of  Fouerane,  Patrick  Jak,  elder,  Litster,  burgess  of  Abd., 
Katherine  Litster,  his  wife,  and  Patrick  Jak,  younger,  their  son,  declared  to  be  redeemed 
from  them  16  oxengait  of  the  lands  of  Drumes  in  the  Barony  of  Fouerane. 

Deer.  10.  Discharge  of  Wadset.      (Two  entries).      Alexander  Keyth  in  Newbruche,  as 

assignee  of  Andrew  Gray  at  the  Milne  of  Fouerane,  in  consideration  of  3000  merks 
paid  to  him  by  James  Gray  of  Schives,  declared  to  be  redeemed  from  him  the  "  Shadow 
half  landis  of  the  Maines  of  Schives  "  and  a  croft  adjacent  thereto,  in  the  parish  of 
Tarves. 

Loosings  of  Arrestments.  Andrew  Gordone  in  [?  of]  Pettiemarqueis  v.  George 
Gordone  in  Boigheid  and  George  Gordone  in  Skalmuire.  Cautioner  George  Bruce, 
Saidler,  burgess  of  Abd. 

30.  Wm.   Fentone  of  Meldrum  v.  Wm.  Scortchak  in  Fochill.      Cautioner  Andrew 
Harper,  burgess  of  Abd. 

31.  John  Bainzie   at   the   Scotismilne   v.   Mr.   Archibald    Rait,   Minister  at  Kintoir. 
Cautioner  John  Chalmer,  Merchand,  burgess  of  Abd. 

1625. 

Jany.    7.  Tutory.      Mr.  James  Elphinstoune  of  Barnes  presented  gift,  under  the  Quarter 

Seal,  of  the  Tutory  of  James  and  Alexander  Elphinstoune,  lawful  children  of  the  late 
John  Elphinstoune  of  Warthill,  dated  13  January,  1624.  Cautioner  John  Forbes  of 
Brux,  who  did  not  appear  and  sign  the  entry  according  to  the  usual  fashion  of  the  time, 
instead  of  which  a  Bond  by  him  was  presented  and  is  recorded  ad  longutn  as  part  of  the 
Act  of  Court. 

280 


Judicial  Enactments:  Vol.  EL,  Contents 
1625. 

Jany.  12.  Loosing1  of  Arrestment.     David  Skeyne  in  Potermylnes  v.  Thomas  Robertsone 

in  Glencuthill.     Cautioner  George  Baird  of  Auchmedden. 

Discharge  of  Wadset  and  Ratification.  Janet  Strathauchin,  wife  of  Alexr. 
Gardyne  sometime  of  Banchorie,  and  her  husband  acknowledged  to  have  received  from 
Wm.  Forbes  of  Monymusk  5000  merks  as  the  first  term's  payment  of  20,000  merks  con- 
tained in  a  wadset  over  the  half  Barony  of  Torry.  A  separate  discharge  had  been 
granted  on  26  July,  1624,  which  was  here  confirmed  and  ratified. 

Feby.   4.  Loosing  of  Arrestment.    The  Procurator  Fiscal  Mr.  Win.  Barclay,  and  Thomas 

Gordone  of  Litill  Gowell,  for  his  interest  v.  Janet  Ritchie  and  Alexr.  Cheyne  in  Dyce, 
her  husband.  Cautioner  John  Kemptie  at  the  Mylne  of  Dyce,  burgess  of  Abd. 

March  2.  Birth   Brieve.      Gilbert   Leslie   and   George   Steuart,   burgesses  of  Abd.,    and 

Messrs.  George  Andersone  and  Alexr.  Paip,  Advocates  there,  deponed  to  the  birth 
and  parentage  of  Robert  Andersone,  burgess  there. 

7.  Loosings  of  Arrestments.     Wm.  and  George  Shorret  in  Dowry,  John  Gordone 

of  Pitlurge  and  Alexr.  Shorret  there  v.  James  Petindreich  in  Dowry  of  Kinmundy. 
Cautioner  Andrew  Mylue,  Armorar,  burgess  of  Abd. 

12.  John  Erskeyne  of  Balhagardy  and  Patrick  Reid  in  Smydiehill,  as  Chamerlans  to 

John,  Earl  of  Marr,  and  also  Margaret  Ingrahame,  widow  of  John  Fyf  in  Migvie  v. 
Wm.  Reid  in  Kinnady.  Cautioner  Mr.  Alexr.  Reid,  Advocat  in  Abd. 

18.  Alexander  Chalmer,  Deane  of  Gild  of  Abd.   v.  David  Symsone,  Saidler,  burgess 

there.     Cautioner  Patrick  Blak,  Saidler,  burgess  there. 

April    7.  Renunciation  and  Discharge.     The  granters  here  were  Jean  Andersone,  wife 

of  Mr.  Alexr.  Paip,  Advocat  in  Abd. ,  and  the  said  Mr.  Alexr.  Paip.  The  consideration 
money  was  "  ane  crowne  of  gold  "  paid  by  Mr.  Wm.  Andersone,  Mrs.  Paip's  father,  in 
whose  favor  the  act  was  conceived.  It  would  rather  appear  from  the  entry  that  the  rigs 
or  crofts  of  land  dealt  with  had  previously  belonged  to  John  Andersone,  burgess,  whose 
widow,  Anapill  Chalmer,  was  still  entitled  to  a  liferent  of  them. 

9.  Theft.     James  Gordoune  in  Litill  Auchredy  v.  Andrew  Allathin  in  Mekill  Auch- 

redy  and  Janet  Fentoune,  his  wife,  and  Wm.  Aidie  in  Allathine  and  Dorathiane 
Macklenane,  his  wife.  Cautioner  Mr.  Walter  Forbes  of  Auchreddie. 

20.  Loosings  of  Arrestments.     John  Leslie  of  Wardes  v.  Wm.  Leslie  at  the  Milne 

of  Insche.     Cautioner  Andrew  Forbes  of  Newhillis. 

May      7.  Mr.  Robert  Forbes,  proprietor  of  the  shadow  third  part  of  Miltoune  of  Fynnersie 

v.  Patrick  Forbes  there.     Cautioner  Nicoll  Ross,  Cordoner,  burgess  of  Abd. 

IO.  John  Lcithe  of  Quhythauche  i>.  Alexr.  Mitschell  in  Johnestoune.     Cautioner  Wm. 

Hog,  Mailman,  burgess  of  Abd. 

23.  James  Ogiluy  of  Auchlewchries  v.  Wm.  Stewart  at  the  Mylne  of  Auchlewchries. 

Cautioner  John  Stewart  at  the  Mylne  of  Ludquharne. 

NN  281 


Aberdeenshire  Sheriff  Court: 
1625. 

May   28.  Loosings  of  Arrestments.      John   Urquhart  of   Craigfintry,   Wm.   Setoune  of 

Schethine,  John  Setoune  of  Auchquhorthies  and  Mr.  George  Setoune  of  Barra  v. 
Robert  Barnet  in  Collihill  in  the  parish  of  Bourtie.  Cautioner  Wm.  Moir  in  Ferrihill, 
burgess  of  Abd. 

31.  Wm.  Forbes  of  Pitgerso  v.  Alexander  Aiken  there.    Cautioner  John  Moir,  Gardner, 

indweller  in  Abd. 

June      I.  Dame  Margaret  Banermane  and   Sir  Wm.   Keyth  of  Balmuir,  knight  v.  James 

Hendersone  in  Kirktoune  of  Methlik.     Cautioner  John  Hay  in  Wodheid. 

Alexr.  Leslie  of  Auchquhorsk  v.  Walter  Farquhar  there.  Cautioner  Wm.  Garvak 
in  Quhytcorse. 

Thomas  Cromby  of  Kemnay  v.  Andrew  Elmslie  in  Aillhouswall.  Cautioners 
George  Elmslie,  occupier  of  8  oxengait  of  Harthillis,  and  Walter  Farquhar,  occupier  of 
12  oxengait  of  Auchquorsk. 

4.  Discharge  of  Wadset.    In  respect  of  a  payment  of  4000  merks  to  them  by  James 

Gray  of  Schiwes,  Andrew  Wood  at  the  Mill  of  Ardo  and  Patrick  Wood  in  Quhilkakis, 
his  son,  declared  to  be  redeemed  the  lands  of  Quhilkakis  and  Kilmathillie  in  the  Barony 
of  Schiwes. 

6.  Loosing  of  Arrestment.     Alexr.  Strauchin  of  Glenkindy  v.  Wm.  Cowper  at  the 

Mylne  of  Auchnagat.  Cautioner  Wm.  Douglas,  burgess  of  Abd.  and  Porter  of  the  New 
Colledge  of  Abd. 

8.  Renunciation  and  Discharge.     James  Smyth  at  the  Milne  of  Rothiebirsben  for 
himself,  and  taking  the  burden  on  him  for  Isobel  Layng,  his  mother,  acknowledged  to 
have  received  from  Wm.  Leslie  of  Litill  Warthill  1000  merks,  borrowed  by  him  on  6 
October,  1611,  from  the  late  William  Smyth,  the  father  of  James  Smyth  and  husband  of 
Isobel  Layng.     The  fourth  part  lands  of  Litill  Warthill  were  declared  to  be  redeemed. 

9.  Loosings    of  Arrestments.     Jaspert  Cuischnie,   Merchand  v.  Cristane  Coutis, 
widow  of  David  Gray  in  Lin.     Cautioner  James  Gray  in  Lin.     George  Gordon  of 
Terpersie  was  due  400  merks  to  the  widow,  and  this  sum  with  the  interest  of  it  had 
been  arrested. 

10.  Marjory  Stewin,  widow  of  Robert  Hunter  in  Brumehill,  and  Wm.  Duncan  at  the 

Milne  of  Kincardin,  her  husband  v.  John  Hunter,  lawful  son  of  the  said  Robert  Hunter. 
200  merks  and  interest  in  the  hands  of  John  Duguid,  portioner  of  Ruthvens. 

Judicial  Ratification.  Agnes  Erskyne,  wife  of  Wm,  Forbes  of  Barnes,  consented 
to  and  ratified  the  alienation  and  wadset  of  the  lands  of  "  Rudderstoune  with  the 
salmon  fisching  adjacent  thairto  on  the  water  of  Die  "  and  others,  made  by  her  husband 
and  her  in  favor  of  John  Alexander,  burgess  of  Abd.,  and  Robert,  John  and  William 
Alexander,  his  children. 

282 


Judicial  Enactments:  Vol.  HI.,  Contents 

1625. 

June    II.  Judicial  Ratification.     Isobel  Leslie,  wife  of  Sir  Alexander  Hay  of  Delgatie, 

knight,  consented  to  and  ratified  the  alienation  and  wadset  of  one  half  of  the  lands  of 
Sandend  in  the  parish  of  Crowdan,  made  by  her  husband  and  her  to  Thomas  Hay  in 
Graystaine  and  Jeane  Reid,  his  wife,  and  of  the  other  half  of  Sandend  made  by  them 
to  the  said  Thomas  Hay  and  John,  Isobel  and  Barbara  Hay,  his  children. 

13.  Loosing  of  Arrestment.     Wm.   Bruce,   lawful  son  of  John  Bruce  of  Grayes- 

Fortrie  z>.  John  Gordoun  in  Scheallis.  Cautioner  John  Gordoun  in  Airdoch.  The 
creditor's  claim  was  for  the  rent  of  the  third  part  of  the  town  and  lands  of  Chappeltoun. 

Judicial  Ratification.  Isobel  Leslie,  wife  of  Sir  Alexr.  Hay  of  Delgatie,  knight, 
consented  to  and  ratified  a  deed  by  which  her  husband  burdened  his  lands  of  Arden- 
draucht,  &c.,  with  an  annual  charge  of  1000  merks  payable  to  the  Provost,  &c.,  of 
Abd.,  for  the  maintenance  of  a  professor  of  Mathematics  within  the  New  Colledge  of 
Abd.  The  capital  sum  borrowed  by  Sir  Alexander  was  10,000  merks.1 

Renunciation  and  Discharge.  Katherine  Skeyne,  wife  of  Arthur  Forbes  of 
Milbigging,  renounced  in  favor  of  John  Forbes  of  Leslie  all  her  rights  in  the  lands  of 
Auchlevin,  Milbigging  and  Pilmyre,  in  the  parish  of  Premnay. 

16.  Judicial   Ratification.     Katherine   Forbes,   "  Laydie   Rothemaij,"  wife  of  Wm. 

Gordone  of  Rothemay,  ratified  the  Disposition  by  her  husband  and  herself  in  favor  of 
Mr.  Wm.  Gordone  of  Tilliegreig,  in  liferent,  and  Alexander  Gordone,  his  son,  in  fee, 
of  Cairnborray,  Belnacraige,  Balnaboth  and  Gairbrak  with  the  pendicles  called  the 
Muck,  Brounehill,  Blakhill,  Cairnemoir  and  Westfauld  and  others  in  the  Lordship  of 
Huntly,  and  also  a  Disposition  in  favor  of  the  said  Alexr.  Gordone  and  Hellen  Cowtis, 
his  wife,  of  the  lands  of  Broidlandis  with  the  pendicles  called  Bogfoirth  and  Kairne- 
fuird,  also  in  the  Lordship  of  Huntly.  The  entry  contains  the  statement  that  the  lady 
had  received  or  accepted  the  liferent  of  Mains  of  Rothemaii  in  recompense.  Wm. 
Gordone  signed  "  Rothimay." 

Renunciation  and  Discharge.  Katherine  Forbes,  "  Laydie  Rothemaij,"  by 
this  act  renounced  her  rights  to  the  lands  of  Towie  in  Clatt,  in  favor  of  Arthur,  Lord 
Forbes,  her  brother,  and  Alexander,  Maister  of  Forbes,  his  son.  She  had  received  a 
conveyance  of  these  lands  from  her  late  father,  John,  Lord  Forbes,  under  reversion  of 
8000  merks,  which  sum  or  an  equivalent  therefor  it  may  be  assumed  that  she  now  re- 
ceived. 

1 8.  Renunciation  and  Discharge.     Marjorie  Fergussone,   wife  of  John  Forbes  of 

Balnagask,  renounced  her  rights  to  the  lands  of  Fintray  callit  Haltoune  of  Fintray, 
Cowstaines,  Boigis  and  Newlandis  and  also  Wester  Fintray,  Langcruik  and  Sewarcruik, 
fishings  on  the  Don,  &c.,  in  favor  of  Mr.  Wm.  Forbes  of  Craigiewar  and  Wm.  Forbes, 
his  eldest  son. 

I.    Vide  Records  of  Marischal  College,  P.  J.  Anderson,  Vol.  I.,  p.  143  et  seq. 

283 


Aberdeenshire  Sheriff  Court : 

1625. 

June    1 8.  Judicial    Ratification.       Margaret    Strachane,    wife   of  John    Leslie,    elder,    of 

Flinderis,  and  Margaret  Forbes,  wife  of  Patrick  Leslie,  Fear  of  Flinderis,  ratified  a 
Disposition,  Grant  of  Redemption,  and  Renunciation  made  by  their  husbands  of  this 
date  in  favor  of  John  Leslie  of  Wardes.  The  lands  dealt  with  were  the  lands  of 
Duncanstoune  excepting  the  privilege  of  "  fewall  and  moss  leive  furth  of  the  mosses  of 
Duncanstoune  "  to  Auld  and  New  Flinderis. 

28.  Loosings  of  Arrestments.     Nicol  Ross  of  Auchlosin,  Margaret  Kynnaird,  widow 
of  Patrick  Ross,  Fear  of  Auchlosin,  and  Robert  Ross  of  Ililtoune  v.  John  Chalmer  of 
Belnacraige  and  Alexr.  Chalmer,  Fear  thereof.    Cautioner  Patrick  Fergusone,  Merchand, 
burgess  of  Abel.     "  Cloclis  turves  fewall  feall  and  dovat  "  within  the  alleged  bounds  of 
Newtoune,  Carnebadic  and  I  liltoune. 

29.  Alexr.  Moir  in  Chappelloun  of  Eslmound  v.  Wm.  Birnie  at  Milne  of  Annachie. 
Cautioner  James  Murdoch  in  Barrak. 

July      2.  Patrick   Henclersone,  Wobster  in  Cairnefield  v.  John  Clerk,   servitor  to  George 

Symsone  in  Ilaltoune  of  Behelvies.     Cautioner  Andrew  Milne  there. 

Alexr.  Gordone,  Fear  of  Abirzeldie  v.  Alexr.  Skeyne  of  that  Ilk  and  his  tenants  of 
Tulliehill  and  Auchmoir.  Cautioner  Duncan  Forbes  of  Camphell.  A  dispute  about 
the  north-west  parts  of  the  Hill  of  Fair  in  the  parish  of  Kinairnie. 

14.  John  Leslie  of  Wardes  v.  John  and  Patrick  Leslie  of  Auld  and  New  Flinderis. 

Cautioner  George  Leslie  sometime  of  Booges.  Peats  in  the  Moss  of  Duncanstoune. 
[  Vide  supra  18  June.] 

Augt.    i.  Renunciation  by  Widow.      Margaret   Smyth,   widow  of  Alexr.   Milne,   Boat 

Wricht,  burgess  of  Abd.,  revoked  all  deeds  done  by  her  at  her  husband's  command  to 
her  prejudice  and  specially  a  Bond  to  Wm.  Gordoun,  burgess  of  Abd.,  for  500  merks. 

3.  Loosings  of  Arrestments.     Andrew  Chessor  in  Auchtidonald  v.  Edward  Chessor 

in  Gullie.  Cautioners  James  Johneston  in  Quhytcarnes  in  the  parish  of  Deir  and  Wm. 
Jamesone  at  the  Mylne  of  Baithleme. 

5.  Wm.  Irving  of  Beltie  v.  Adam  Smyth  in  the   Hill  of  Beltie.     Cautioner  James 

Clerk,  burgess  of  Abd. 

12.  Tutory.     Mr.  Patrick  Chalmer,  indwellar  in  Banffe,  presented  gift  dated  26  July 

preceding,  appointing  him  Tutor  to  Helen  and  Isobel  Brockie,  daughters  of  Alexr. 
Brockie  in  Bachlaw  and  to  Margaret  and  Elizabeth  Brokie,  daughters  of  George  Brockie 
in  Tarlair.  Cautioner  John  Seattone,  burgess  of  Abd. 

31.  Loosing  of  Arrestment.     Robert  Forbes  of  Eight  v.  Alexr.  Smyth  in  Dammes 

of  Cullarlie.     Cautioner  Mr.  Gilbert  Ross  in  Quhobbis. 

Sept.     3.  Renunciation  and  Discharge.     Marjorie  Cheyne,  wife  of  John  Leslie,  elder,  of 

Petcaple,  renounced  all  her  rights  in  the  lands  of  Auld  Craig,  Kirktoun  of  Daviot  and 
others  in  favor  of  John  Urquhart  of  Craigfintrie  in  liferent,  and  on  his  death  to  James 
Urquhart,  his  youngest  son,  and  failing  him  to  a  long  line  of  heirs. 

284 


Judicial  Enactments:  Vol.  EL,  Contents 

1625. 

Sept.    5.  Loosings  of  Arrestments.     George  Wood  in  Glaskoforrest  v.  Thomas  Chessor 

there.     Cautioner  Hector  Smythe,  burgess  of  Abd. 

9.  Janet  Ray  and  Patrick  Gordone  of  Gordones  Mylne,  her  husband  v.  James  Brow 

in  Scotistoune.     Cautioner  Thomas  Gordone  of  Grandon. 

10.  John  Leithe  of  Counteswalls  and  Alexr.  Smythe  at  the  Milne  of  Brotherfeild  v.  Wm. 

Clerk  sometime  in  Auchlie  then  in  Kingiswallis.  Cautioner  Patrick  Mengzcs,  burgess 
of  Abd.  Leithe  had  a  claim  for  the  rent  of  Auchlie  and  Smythe  for  abstracted  multures. 

Alexr.  Burnet,  son  of  the  late  Alexr.  Burnet  of  Craigour  and  John  Burnet  of  Westir 
Cluny  v.  Thomas  Burnet  of  Campbell  and  his  tenants.  Cautioner  Andrew  Burnet  in 
Craigour.  A  boundary  dispute. 

Katherine  Irving,  widow  of  James  Burnet  of  Easter  Clunie  v.  Andrew  Burnet  in 
Craigour  and  John  Duncane  there. 

14.  Renunciation  of  Succession.     Andrew  Fraser,  son  of  the  late  Walter  Fraser 

sometime  in  Frasersburche,  renounced  all  right  to  succeed  to  his  father's  estate. 

17.  Loosings  of  Arrestments.     John  Forbes,  second  son  of  Arthur,  Lord  Forbes 

v.  Sir  John  Leslie  of  Wardes,  knight,  and  others.  Cautioner  Wm.  Abircromby  in 
Midtoune  of  Durno.  The  crop  sown  on  the  lands  of  "  Glentoune  on  the  east  and 
north  sydis  of  the  burne  callit  the  Glenburne  or  Longdiralburne." 

21.  Wm.    Smyth   in   Buquhanstoun  v.   Alexr.    Smyth  in   Dayis.     Cautioner   Patrick 

Forbes,  occupier  of  4  oxengait  at  the  Brig  of  Die. 

Wm.  Smyth  in  Buchanstoun  v.  John  Leslie,  Cordoner  in  Cupidaill.  Cautioner 
Alexr.  Smyth  in  Dayis. 

John  Leslie  of  Wardes  and  Wm.  Leslie  in  Ryhill  v.  Andrew  Harper  in  Scaltcraiges. 
Cautioner  Robert  Abircromby  at  Milne  of  Petmedden. 

26.  Patrick  Leythe  of  Kirktoun  of  Raine  v.  Archibald  Raitt,  portioner  of  Lentusche. 

Cautioner  Thomas  Forbes,  Writtar,  burgess  of  Abd. 

Patrick  Meinzes,  burgess  of  Abd.  v.  Thomas  Watsoun,  burgess  there.  Cautioner 
Alexr.  Brabner,  burgess  there. 

29.  Wm.  Innes  in  Newburghe  v.  Wm.  Thomsone  sometime  there  and  then  at  Milne 

of  Manye.     Cautioner  Robert  Thomsone,  Tailzeor,  burgess  of  Abd. 

Octr.    4.  Renunciation  of  Succession.     Wm.  Keyth  of  Spittall,  son  of  the  late  Andrew 

Keyth  sometime  of  Spittall,  renounced  all  right  to  succeed  to  his  father's  estate. 

5.  Loosing  of  Arrestment.     Archibald  Beidie,  principal  tacksman  of  Milne  of  Syd 

v.  James  Fergussone  sometime  in  Segieden  then  in  Drumgowane.  Cautioner  Win. 
Hoig,  Maltman,  burgess  of  Abd. 

285 


Aberdeenshirc  Sheriff  Court: 

1625. 

Octr.  7.  Conveyance  of  Crop  and  Stocking  in  Payment  of  Rent.  Walter  Blak  in 
Newburghe  acknowledged  that  he  owed  rent  to  Baillie  William  Graye  of  Abd.,  his 
landlord,  for  his  land  at  Newburghe,  in  payment  of  which  he  sold  to  Graye  "threttie 
thrie  threavis  bear  and  fourtein  threavis  aittis  Togidder  with  tua  horss  ane  thairof  [?] 
seir  of  sevin  yeiris  old,  and  the  uther  brown  of  ten  yeiris  or  thairby,  Togidder  with  the 
haill  insicht  and  plenisching  within  his  hous."  The  brown  horse  alone  was  delivered  at 
the  time. 

1 8.  Loosings  of  Arrestments.     Sir  John  Leslie  of  Wardes,  "  Knicht  Baronat  "  v. 

John  Gellen,  younger  and  elder,  in  Easter  Glentoun.     Cautioner  John  Garioche  of 
Badiven. 

21.  Wm.  Graye  in  Culsche  v.  Alexr.  Troupe,  servitor  to  James  Reid  of  Mid  Clova. 
Cautioner  Richard  Irving,  indwellar  in  Abd. 

22.  Robert  Alexander,  burgess  of  Abd.  v.  Robert  Innes,  Merchand,  burgess  there. 
Cautioner  Nicolas  Innes,  Merchand,  burgess  there. 

30.  John   Slot,    Flescher   in   Abd.    v.   Thomas   Dempster,    Flescher,    burgess   there. 

Cautioner  Baillie  Alexr.  Jaffray. 

Novr.  16.  James  Tailzeor  in  Kinmuckis  and  John  Fiddes  in  Pettodrie  v.  George  Dalgarno  in 

Peithill  of  Kinmuckis.     Cautioner  Wm.  Dalgarno  of  that  Ilk. 

17.  Removing.     Abraham  Abircrombie  in  Thriefeidle  renounced  the  possession  of 

Bonnytoune,  of  which  his  deceased  wife,  Helen  Leyth,  had  been  liferentrix,  in  favor  of 
George  Leythe,  his  son-in-law,  and  John  Leythe  of  Quhythauch,  his  curator. 

Renunciation  and  Discharge.  Katherine  Troupe,  wife  of  Lawrence  Gray  at 
the  Mylne  of  Mondurno,  renounced  in  favor  of  Andrew  Gray,  their  eldest  son,  and 
Beatrix  Strauchin,  his  future  wife,  a  tenement  and  croft  in  Old  Abd.  "  betuixt  the  land 
of  Mr.  Wm.  Lumisdeane  on  the  South  the  burne  callit  Powyes  burne  on  the  North  the 
Bruimehill  on  the  West  and  the  Kingis  commone  gait  on  the  East." 

Tutory.  William  Barclaye  of  Ardley,  only  brother  german  to  umquhill  Patrick 
Barclaye,  Fear  of  Tollie,  presented  a  gift  under  the  great  seal,  dated  16  July,  1625,  of 
the  Tutory  of  Walter  Barclaye,  eldest  son  and  apparent  heir  of  the  said  Patrick 
Barclaye.  Having  accepted  office  he  found  James  Gordoun  of  the  Newtoun  of  Garioche 
as  his  cautioner. 

Deer.    5.  Loosings  of  Arrestments.     John  Ogstoun,  Reader  in  Frasersburghe  v.  John 

Ogistoun  in  Maynes  of  Feddret.     Cautioner  James  Birnie  in  Tarvis. 

8.  John  Keythe  in  Auchquhorsk  and  Robert  Forbes  in  Tartowie  v.  Wm.  Smythe  in 

Fornet.     Cautioner  John  Watsone  in  Litill  Gowell. 

19.  Mr.  Alexr.  Irving  of  Hiltoun  v.  Walter  Skeddowaye,  burgess  of  Abd.     Cautioner 

James  Tailzeor,  burgess  there. 

286 


Judicial  Enactments:  Vol.  EL,  Contents 

1625. 

Deer.  20.  Loosing-s  of  Arrestraents.      John  Touche,  son  of  Marjorie  Barbor,  widow  of 

John  Touche,  burgess  of  Abd.  v.  the  said  Marjorie  Barbor.  Cautioner  Robert 
Blenschell,  indwellar  in  Auld  Abd. 

29.  Arthur    Knycht    in    Barraldykes  v.    Wm.    Thomesone   in    Kirktoun   of  Raine. 

Cautioner  Mr.  Robert  Milne,  burgess  of  Abd. 

Renunciation  of  Succession.  Thomas  Milne,  eldest  lawful  son  of  the  late 
Alexr.  Milne,  Boat  Wright,  Frieman  in  Abd.,  appeared  along  with  Mr.  James  Irving, 
Advocate  in  Abd.,  his  Curator,  and  renounced  all  right  of  succession  to  his  father's 
estate. 

1626. 

Jany.  17.  Renunciation  and  Discharge.    Janet  Innes,  "Lady  Balquhyn,"  wife  of  John 

Leslie  of  Balquhyn,  by  this  act  renounced  and  discharged  in  favor  of  John  Leslie  of 
Petcaple  and  Marjorie  Cheyn,  his  wife,  her  rights  to  certain  lands  fully  detailed  in  the 
entry.  These  included  Petbie,  Knokallochie,  Auchorthies  and  others.  Sir  Alexr.  Hay 
of  Delgatie  signed  the  Act  of  Court  as  a  consenting  party. 

28.  Loosings  of  Arrestments.     Jean   Ryllie,  daughter  of  the  late  John  Ryllie  in 

Abd.  and  Nicolas  Innes,  burgess  of  Abd.  v.  David  Reid  and  Elspet  Jamesone,  his  wife. 
Cautioner  Patrick  Meinzies,  burgess  of  Abd. 

Feby.    2.          James  Thomsone  in  Migvie  v.   Duncan  Name  in  Knoksoul.      Cautioner  John 
Calder  (signing  "  Caddell  ")  of  Migvie. 

11.  Donald  Stewart  in  Lynbeg  v.  Mr.  Alexr.  Ferries,  Minister  at  Crathie  and  John 
Ferries  in  Tullich.      Cautioner  Thomas  Ley,  burgess  of  Abd.      The  arrestment  had 
been  laid  on  the  effects  of  the  late  James  Ferries,  sometime  in  Tullich. 

12.  Walter  Ross  in  Dilsak  v.  James  Malcolme  in  Woodend  of  Birss.      Cautioner 
Robert  Milne,  Merchand,  burgess  of  Abd. 

25.  Patrick   Meinzies,    burgess   of   Abd.    v.    Andrew   Aquhaith,    Fermorer   in   Abd. 

Cautioner  James  Leslie,  burgess  there. 

Mar.    ii.  Mr.  James  Forbes  of  Hawchtoun  v.  Wm.   Thomsone  there.      Cautioner  Wm. 

Blak  at  the  Milne  of  Finzeauch. 

14.  Spuilzie.     The  Procurator  Fiscal  and  Margaret  Blakburne,  wife  of  Mr.  Andrew 

Aidie  v.  James  Crystie,  Deacon  of  the  Tailzeoris  of  the  Burgh  of  Abd.,  John  Milne, 
Alexr.  Ritchie,  Wm.  Younge,  Wm.  Andersone  and  Robert  Wobster,  all  Tailzeores, 
friemen  of  Abd.  Cautioner  Thomas  Gardyne,  Tailzeor,  burgess  of  Abd.  Crystie  and 
the  others  were  charged  with  the  alleged  "away  taking  of  ane  halfe  of  ane  parragon 
gown  tua  silver  cowpes  thrie  spoones  ane  stick  of  pearling  ane  scheir  ane  outcutting 
iron  west  stuff  &  dyveris  uther  moweables  "  from  Mrs.  Aidie. 

1 8.  Loosing   of  Arrestment.      John  Gordon  of  Tullaquhowdie  v.  Alexr.  Davvid- 

sone,  sometime  in  Dawan,  then  in  Pettyoit.  Cautioner  Th